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When an allegation of sexual misconduct is brought to the attention of the University and an individual is found to have violated this policy, serious sanctions will be used as an effort to reasonably ensure that such actions are minimized and prevented whenever possible. These procedures have been developed to reaffirm these principles, to serve as complimentary function of the Student Code of Conduct and to provide recourse for those individuals whose rights have been violated.

It is imperative that all students read through the Student Code of Conduct, which serves as the primary document regarding student misconduct.

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The code can be found online at studentconduct. These procedures establish a mechanism for determining when the sexual misconduct policies have been violated.

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This procedure only applies to students that have allegedly engaged in sexual misconduct. If a student is adversely affected by sex-based misconduct perpetrated by a staff or faculty member, the student should utilize the procedures set forth in TAMUS Overview of Expectations Regarding Sexual Misconduct:.

Individuals who withdraw after allegedly violating the Student Code of Conduct or who are not officially enrolled for a particular term but who have a continuing relationship with the University are considered students. In addition, students who are living in University residence halls and apartments, although not enrolled in this institution, are also considered students.

Any and all individuals that the most recent version of the Student Code of Conduct regards as a student are subject to the sexual misconduct policies described in this process.

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A copy of the Student Code of Conduct can be found online here. Sex-based misconduct is: unwelcome conduct on the basis of sex that is severe, persistent, or pervasive enough to create a work, educational, or campus living environment that a reasonable person would consider intimidating, abusive, or offensive. Sex-based misconduct is explicitly prohibited under this regulation. Aiding another in the commission of sex-based misconduct is also prohibited under this regulation. Sex-based includes, but is not limited to, sexual assault, sexual exploitation, dating violence, domestic violence, and stalking based on sex.

Sexual Harassment is: a form of sex discrimination. Examples of Sexual Harassment may include, but are not limited to:. Sexual Assault is: an offense that meets the definition of rape, fondling, incest or statutory rape as used in the FBl's Uniform Crime Reporting system. A sex offense is any sexual act directed against another person, without the consent of the victim, including instances in which the victim is incapable of giving consent.

These offenses are defined as:. 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 victim. 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 under the statutory age of consent.

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Sexual assault is explicitly prohibited under this regulation. Aiding another in the commission of sexual assault is also prohibited under this regulation. Sexual assault is a form of sexual harassment or sex-based misconduct. Other sanctions may be issued in addition. Sexual Exploitation is: a situation in which an individual s takes non-consensual or abusive sexual advantage of another for his or her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. Sexual exploitation is a form of sex-based misconduct.

Stalking i s: engaging in a course of conduct directed at a specific person that would cause a reasonable person to:. Aiding another in the commission of stalking is also prohibited and may result in that student being charged separately.

Stalking based on sex is a form of sexual harassment or sex-based misconduct. Dating Violence is: violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Aiding another in the commission of dating violence is also prohibited and may result in that student being charged separately. Dating violence is a form of sexual harassment or sex-based misconduct. Domestic Violence is: a felony or misdemeanor crime of violence committed by:.

Aiding another in the commission of domestic violence is also prohibited and may result in that student being charged separately. Domestic violence is a form of sexual harassment or sex-based misconduct. Retaliation is: intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured under civil rights laws and regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing.

The exercise of rights protected under the First Amendment does not constitute prohibited retaliation, nor does the filing of a mandatory report as required by Section 2. In addition, a university official who files a mandatory report or charges an individual with making a materially false statement in the course of an investigation has not engaged in prohibited retaliation.

Retaliation may include, but is not limited to, intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured under civil rights laws and regulations.

Aiding another in the commission of retaliation is also prohibited and may result in that student being charged separately. The University will not tolerate instances of retaliation. Consent is: a clear, voluntary and ongoing agreement to engage in a specific sexual act.

Persons need not verbalize their consent to engage in a sexual act for there to be permission. Permission to engage in a sexual act may be indicated through physical actions rather than words. A person who is asleep or mentally or physically incapacitated, either through the effect of drugs or alcohol or for any other reason, or whose agreement was made by threat, coercion, or force, cannot give consent. Consent may be revoked by any party at any time. A period where memory formation is blocked. A period of consistent memory loss is termed a blackout, whereas periods of memory is both lost and formed intermittently can be referred to as a brownout.

Blackout does not automatically indicate incapacitation. Hostile environment — a situation in which there is unwelcome harassing conduct based on a legally protected class that is severe, persistent, or pervasive enough to create a work, educational, or campus living environment that a reasonable person would consider objectively offensive.

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Sanction s may be imposed upon a student after being found in violation of the Student Code of Conduct. For more information on sanctioning development and guidelines see appendix. The following considerations will be made in determining appropriate sanctions:. The sanctions listed below are not exhaustive, but merely serve as guidelines and may be levied in any combination. Sanctions will typically be imposed in an active and educational manner.

NOTE: Registration holds prevent students from registering for or dropping classes. Students found in violation of the Student Code of Conduct may still be held able for financial obligations including, but not limited to: tuition, fees and housing. If you or someone you are aware of has experienced sex-based misconduct, you have multiple reporting options regardless of the location of the incident, on or off campus.

Off campus incident not involving a member of the University Community: If the respondent is not a student and the incident occurred off campus at a non-University sponsored event or at a non-University owned or operated facility, the incident should be reported to the local police who will serve as the primary investigators.

The reporter may also choose to follow up with the University Police Department. Off campus incident involving one or more members of the University Community: All other reports regarding incidents of sex-based misconduct which involve an alleged member s of the University community and occurred off campus at a non-University sponsored event or at a non-University owned or operated facility should be reported to the University Police Department.

On campus incidents: All other reports regarding incidents of sex-based misconduct, which occurred on University owned or operated property or at a University sponsored events should be reported to the University Police Department. The liaison provides guidance to the complainant with medical, emotional, or financial needs, and makes referrals to the appropriate counseling agencies.

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The liaison serves as a link between law enforcement and the complainant. These resources are expressly there for you to report sex-based misconduct and Student Code of Conduct violations and they will review the information provided and determine what action may be necessary.

Reports made to these individuals are considered official notice of the incident to the University. Confidential Reporting If you would like to discuss this issue in a confidential manner on campus you may do so by contacting a mental health professional on or off campus. The University Counseling Center and the University Health Center have trained professionals able to assist our students with these types of issues.

These offices may offer you confidentiality, sharing options and advice without any obligation to tell anyone who you are unless you want them to. Contact them at the following:.

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If you prefer to speak with someone confidentially off campus you may reach out to the following resources:. Once a formal report is made, the University may initiate an investigation and a resolution is typically determined within 60 days. If the alleged complainant does not wish for the University to investigate the incident, information may still be gathered regarding the claim. The ability of the University to respond to the incident may be limited. Schools are required to provide "timely warnings" when the school considers a crime to pose an ongoing "threat to students and employees".

The warning will not identify the complainant by name; however, some information such as location, time, etc. Once the University receives notice of an allegation of sex-based misconduct every attempt will be made to bring resolution to the incident within calendar days.

Delays to this timeline may result due to criminal investigations, holiday breaks, final examinations and other circumstances as deemed appropriate. Interim actions to remedy the situation may occur during the investigatory process.

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