No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.
Angelo State University is committed to providing and strengthening an educational, working, and living environment where students, faculty, staff, and visitors are free from sex discrimination of any kind. In accordance with Title VII, Title IX, the Violence Against Women Act (VAWA), the Campus Sexual Violence Elimination Act (SaVE), and other federal and state law, the University prohibits discrimination based on sex and other types of 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, Sex Discrimination, Stalking, Public Indecency, Interpersonal (Dating, Domestic, or Family) Violence, Sexual Violence, and any other misconduct based on sex. Any acts that fall within the scope of this regulation hereinafter are referred to as Sexual Misconduct. Discriminatory behavior is prohibited regardless of the manner in which it is exhibited, whether verbally, in writing, by actions, or electronically displayed or conveyed.
Behaviors & Examples of Behaviors Covered by ASU’s Sexual Misconduct Policy
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 had too much to drink one night and had to use the restroom while walking to the Residence Hall, so Erin stopped by one of to use the restroom.
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.”