What is sexual misconduct?
Sexual Misconduct is a broad term encompassing all forms of gender-based harassment or discrimination and unwelcome behavior of a sexual nature. The term includes Sexual Harassment, Sexual Assault, Sexual Exploitation, Stalking, Public Indecency, Interpersonal (Dating, Domestic, or Family) Violence, Dating Violence, Sexual Violence, and any other misconduct based on sex.
An offense that meets the definition of dating violence, or domestic or family violence.
Physical, sexual, or verbal abuse or violence, or threat of abuse or violence, committed by an individual who is or has been in a social relationship of a romantic or intimate nature with the Complaining Party. The existence of such a relationship will be determined based on the type and length of the relationship and the frequency of interaction between the individuals involved in the relationship. A casual acquaintanceship or ordinary socializing between two individuals does not constitute a romantic or intimate relationship. This definition does not include acts covered under Domestic or Family Violence.Example: Bobbi and Kym have been seeing each other for a couple of weeks. Kym continues to ask to look through Bobbi’s phone. The last time Kym asked, Bobbi said no, Kym slapped Bobbi so Kym has complied since then.
Domestic Violence or Family Violence
Physical, sexual, or verbal abuse or violence, committed by a current or former spouse or intimate partner of the Complaining Party, by an individual with whom the Complaining Party shares a child in common, by an individual with whom the Complaining Party is cohabiting (or has cohabited) with a spouse or intimate partner, by an individual similarly situated to a spouse of the Complaining Party under the Domestic or Family Violence laws of the state of Texas, or by any other individual against an adult or youth victim who is protected from that individual’s acts under the Domestic or Family Violence laws of the state of Texas.Example: Sam and Jo live together. When Jo comes home late from work, Sam threatens to hit her each time. One time, when Jo came home from work, Sam pushed Jo against the wall and accused her of staying out late to see other people.
Unwelcome, sex-based verbal or physical conduct that:
Example: Jules is told unless she has sex with the Graduate Assistant, Jules will not get the internship requested.
- Such conduct is made either explicitly or implicitly a term or condition of employment or education;
Example: When Hayden asks the professor to stop rubbing Hayden’s shoulders, Hayden is told his grade is going to suffer.
- Such conduct is used as a basis for decisions affecting employment or education; or
Example: Carol continues to post sexually explicit photos in the online discussion board for a class and encourages other students to call for a good time. Students are offended and have reported this behavior to the online professor multiple times.
- Such conduct has the purpose or effect of interfering with the individual’s work or educational performance or of creating an intimidating, hostile or offensive working or educational environment. To constitute an intimidating, hostile or offensive working or educational environment, the compliance of conduct must be either severe, persistent, or pervasive.
Engaging in private or sexual acts in a publicly viewable location, such that it is offensive to accepted standards of decency, including, but not limited to: exposing one’s genitals or private areas; public urination; public defecation; and/or public sex acts.Example: Erin and Kym left the windows to their room open in the residence hall so those walking by could witness their sexual interaction.
An act that deprives a member of the University Community of their right of access to campuses and facilities and/or of participation in education, services, programs, operations, employment, benefits, or opportunities with the university on the basis of the person’s sex.Example: Aaron was not offered a job on campus because Aaron was told they were looking for someone of a different sex.
Sexual contact or intercourse with an individual without that individual’s consent, including sexual contact or intercourse against an individual’s will or in a circumstance in which an individual is incapable of consenting to the contact or intercourse. Sexual assault includes non-consensual sexual contact and non-consensual intercourse.
Nonconsensual Sexual Contact.
Intentional sexual touching, however slight, with any object or part of one’s body of another’s private areas without consent. Sexual Contact includes: intentional contact with the breasts, buttock, groin, or genitals; touching another with any of these body parts; making another touch you or themselves with or on any of these body parts; or any other intentional bodily contact in a sexual manner.Example: Jordan and Harper are both at a party. Harper agrees to dance with Jordan, while dancing Jordan slips a hand in Harpers shorts and begins to grope under the shorts.
Nonconsensual Sexual Intercourse.
Sexual penetration or intercourse, however slight, with a penis, tongue, finger, or any object, and without consent. Penetration can be oral, anal, or vaginal.Example: Terry and Kelli have sex often however, one night Kelli tells Terry no. Terry says Kelli has said yes multiple times before so Terry forces Kelli to have sexual intercourse.
Taking non-consensual or abusive sexual advantage of another for the benefit of one’s self or a third party.Example: Jesse sends a nude photo to a friend who promises it won’t be shared. Two days later Jesse learns the photo was posted on Instagram without Jesse’s permission.
A course of conduct directed at a specific individual that would cause a reasonable individual to fear for the individual’s safety or the safety of others or would cause that individual to suffer substantial emotional distress.Example: Jean broke up with Jamey weeks ago. However, Jamey continues to show up wherever Jean is and calls 20 to 30 times a day. Jean recently found a threatening note from Jamey stating that “Jean would be hurt if someone else replaced Jamey.”
What is Consent?
Mutually understandable words or actions, actively communicated both knowingly and voluntarily, that clearly convey permission for a specific activity. Consent is not effective if it results from: the use of physical force, a threat of physical force, intimidation, coercion, incapacitation, or any other factor that would eliminate an individual’s ability to exercise their own free will to choose whether or not to engage in sexual activity.
A more comprehensive outline of consent may be found in Appendix B in the Student Code of Conduct.
Each partner is responsible for making sure that the other partner has provided clear consent before engaging in any sexual activity or contact.
- A person may withdraw consent at any time during sexual activity through words or actions.
- Silence or the absence of resistance does not constitute consent.
- Consent is active; both parties must say “yes.”
- Consent is a must for every type of sexual activity, every time it occurs.
- Consent is not valid if forced, threatened, intimidated or coerced.
- Consent is not valid if a person is incapacitated.
What is incapacitation?
A state of being that prevents an individual from having capacity to give consent. For example, incapacitation could result from the use of drugs or alcohol, an individual being asleep or unconscious, or because of an intellectual or other disability.
What happens if I report something to a staff member or faculty member at ASU?
Faculty and Staff at ASU are required by law to report all known details of a report that could be a Title IX violation to the Director of Title IX Compliance/Title IX Coordinator immediately. After a report is made, the Director of Title IX Compliance/Title IX Coordinator or a Deputy Coordinator will touch base with the reporting student to ensure the student is safe, notify the student of remedies, and their options to move forward. UPD is not contacted unless the University Community is at risk or the student requests.
What happens after I report?
After a report is made, the Director of Title IX Compliance/Title IX Coordinator or a Deputy Coordinator will touch base with the reporting student to ensure the student is safe, notify the student of remedies, and their options to move forward. UPD is not contacted unless the University Community is at risk or the student requests.
What if I don’t want to file a formal complaint but need help?
Even if you do not want to go through an investigation or file a formal complaint, the Office of Title IX Compliance can assess your needs as they relate to your class schedule, work schedule, living situation, or other safety concerns. The Office of Title IX Compliance can also connect students with UPD, Counseling, and other off campus resources.
Who can I report to?
- Submit a Report online
- If you are uncomfortable reporting to the Director of Title IX Compliance/Title IX Coordinator you may make a report to Kurtis Neal, Deputy Coordinator for Employment (firstname.lastname@example.org), Scottie Moler, Deputy Coordinator for Athletics (email@example.com), or the Texas Tech System’s Office of Equal Opportunity (firstname.lastname@example.org).
- Nothing in ASU’s policy shall prevent a student from presenting a charge of discrimination or other grievance covered by this policy to an external agency, such as the United States Department of Education: Office of Civil Rights (OCR), 400 Maryland Avenue, SW Washington, DC 20202-1100, Customer Service Hotline#: 800-421-3481, http://www.ed.gov/ocr.
What if I was drinking or using drugs when the Title IX violation occurred?
The University will provide educational options in lieu of conduct proceedings in certain situations. Examples of the amnesty provision include, but are not limited to:
- Victims of or witnesses to misconduct who were engaging in policy violations, such as underage drinking or drug use, at the time of the incident.
- Students who offer assistance to others by calling medical personnel or law enforcement.
- Students who bring their own use, addiction, or dependency to alcohol, drugs, or other addictions to the attention of the University prior to any conduct incidents or reports.
Abuse of amnesty provisions can result in a violation of the Code of Student Conduct. Amnesty does not preclude students from being charged with allegations of misconduct related to Part I, section B.2 (Actions against Members of the University Community and Others).
The Code of Student Conduct amnesty provisions do not impact criminal proceedings or charges. Amnesty does not preclude students from being required to meet with University staff and to participate in conditions such as counseling and alcohol assessments. The Executive Director of Student Affairs or designee can assist with questions related to amnesty provisions.
Is it possible to be sexually harassed/assaulted by someone of the same gender?
Yes. If you have been subjected to unwanted sexual contact or sexual harassment, your gender and the gender of the alleged perpetrator are irrelevant. Such conduct is prohibited by Title IX.
What if the incident occurs off campus?
If the incident involves an ASU student, it should still be reported and the Office of Title IX Compliance can still assist the student.
Does Title IX apply to online behavior?
What about retaliation?
Retaliation against an individual who reports a potential violation in good faith under this regulation 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 regulation 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.