Student Activities - w w w . t a m u k . e d u / s a s s

Sexual Harrasment Policy

Sexual harassment of students and employees at Texas A&M University-Kingsville is unacceptable and will not be tolerated. Any member of the university community violating this policy will be subject to disciplinary action. Please refer to the website at www.tamuk.edu/sass for the most current university policy on Sexual Harassment.

This policy does not address the issues of sexual assault and/or physical violence. Incidents of this nature should be referred to the University Police Department or other appropriate law enforcement agency.

Sexual Assault Policy

Introduction

Sexual assault is a felony under the criminal laws of the State of Texas and will not be tolerated at Texas A&M University-Kingsville. Any such act committed by a TAMUK student is a violation of the University's Student Code of Conduct and subject to disciplinary action. Texas A&M University-Kingsville is committed to providing an educational atmosphere in which students can achieve their goals and maximum potential.

When students experience a sexual assault, their sense of safety and trust is violated. This violation can seriously interfere with their lives and educational goals. Thus, the University is committed to establishing rules and procedures that are responsive to victims of sexual assault.

Definitions

Texas A&M University-Kingsville defines sexual assault/rape as: The oral, anal, or vaginal penetration by a sexual organ of another or anal/vaginal penetration by any means against the victim's will or without their consent. An individual who is mentally incapacitated, unconscious, or unaware that the sexual assault is occurring is considered unable to give consent. The type of force employed may involve physical violence or force, coercion, intentional impairment of an individual's ability to appraise the situation through the administering of any substance, or perceived threats of harm to the victim.

In addition, Texas A&M University-Kingsville defines sexual abuse as: Attempting or making sexual contact, including but not limited to inappropriate touching or fondling, with another against the person's will or in circumstances where the person is physically, mentally, or legally unable to give consent.

In both cases, the same definition applies whether the perpetrator is a stranger or an acquaintance or a group of individuals. Date or acquaintance rape is the sexual assault or sexual abuse of an individual by someone the individual knows. Group or gang rape is the sexual assault or sexual abuse of an individual by multiple perpetrators.

Legal and Judicial Options

The survivor of an attempted or completed sexual assault or incidence of sexual abuse may choose to pursue the following and/or judicial options:

A.Seek Criminal Prosecution
Reporting a sexual assault or attempted sexual assault to the police does not mean that the survivor has to press charges. However, it does begin the legal process should the decision to prosecute be made at a later date. The sooner an assault is reported, the more likely valuable evidence can be collected.

By contacting the Office of the Dean of Students, survivors are under no obligation to pursue disciplinary action. During the initial consultation, the Dean of Students will clarify the disciplinary process and explain the options available to the survivor, as well a review the incident. Crisis counselors or other support persons are welcome and encouraged to accompany the survivor.

B.Pursue Charges Through the University Judicial Process
Sexual assault is viewed by University officials as a very serious offense and can result in a range of sanctions that may include removal from the University. Disciplinary action against students committing sexual assault is administered by the Sexual Assault Committee. Survivors have the option to pursue University disciplinary action against their assailant if the assailant is also a student at Texas A&M University-Kingsville.

In accordance with Texas A&M University-Kingsville's student judicial process as outlined in the Student Code of Conduct, the following procedure has been established in adjudicating cases of sexual assault/rape that occur on campus:

1. Alleged violations of this section shall be reported to the University
Police Department (UPD) or the Dean of Students.

2. If the victim files a complaint, the Dean of Students will convene the Sexual Assault Committee, which serves as the hearing panel.

3. Alleged acts of sexual assault will be referred to the Sexual Assault Committee. The committee is appointed by the Associate Vice President for Student Affairs and is composed of five (5) members, which consist of two staff, one faculty and two students.

4. If the perpetrator is found guilty, based on preponderance of the evidence, a sanction will be imposed. The perpetrator is notified in writing of the panel's decision. The letter must notify the perpetrator of the right to appeal to the next level.

5. An appeal must be presented in writing no later than three (3) working days after notification of the decision. The appeal will be submitted to the Associate Vice President for Student Affairs who will convene the Sexual Violence Appeals Panel. The same procedure used by the Joint Judicial Appeals Board will be used by the Sexual Violence Appeals Committee.

a. The panel will hear appeals of decisions rendered by the Sexual AssaultCommittee.

b. The panel is composed of eight (8) members selected from the Joint Judicial Appeals Board and the University Disciplinary Committee. The panel includes the chair, two faculty members, three students and two staff members.

6. The decision of the Sexual Violence Appeals Panel is final and may not be appealed except in cases involving suspension or expulsion from the university.

7. If the perpetrator is suspended or expelled, an appeal may be filed to the Senior Vice President and Provost. The appeal must be presented in writing no later then three (3) working days after notification of the decision by the Sexual Violence Appeals Panel. The decision of the Senior Vice President and Provost is final and may be appealed.

C. File a Civil Suit
Survivors can consult an attorney about initiating a suit in civil court for damages against the assailant for the tort of battery. The purpose of a civil suit is to compensate the survivor for the wrong done to her/him. Civil action may be brought against the assailant regardless of whether criminal charges are pursued.