Recognizing Acts of Sexual Misconduct
How Can You Recognize These Incidents of Sexual
Misconduct?
The University of Texas Medical Branch (UTMB) is committed to maintaining a
learning and working environment that is free from discrimination based on sex
in accordance with Title IX of the Higher Education Amendments of 1972 (Title
IX), which prohibits discrimination on the basis of sex in educational programs
or activities, Title VII of the Civil Rights Act of 1964 (Title VII), which
prohibits sex discrimination in employment, and the Campus Sexual Violence
Elimination Act (SaVE Act) which requires institutions to provide mechanisms for
reporting specific crimes that occur on or near college campuses. Sexual
misconduct is a form of sex discrimination and will not be tolerated. The term
"sexual misconduct" includes sexual harassment, sexual violence, sexual assault,
stalking, domestic violence and dating violence.
Sexual violence is a physical act perpetrated against a
person's will or where a person is incapable of giving consent including but not
limited to acts sucha as rape, sexual assault, sexual battery, sexual coercion,
sexual abuse, indecency with a child, and /or aggravated sexual assault.
Sexual harassment is unwelcome conduct of a sexual nature
including but not limited to unwelcome sexual advances, requests for sexual
favors, or other verbal or physical conduct of a sexual nature.
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. The length and type of the relationship as well as the frequency of
interaction between the persons involved will be evaluated to determine the
existence of such a relationship.
Domestic violence is felony or misdemeanor crimes of
violence committed by a current or former spouse or intimate partner of the
victim, by a person with whom the victim shares a child in common, by a person
who is cohabitating wiht the victim as a spouse or intimate partner, by a person
similarly situated to a spouse of the victim under the domestic or family
violence laws of the state of Texas, or by any other person against an adult or
youth victim who is protected from that person's acts under the domestic or
family violence laws of the state of Texas.
Stalking is a course of conduct (two or more acts) directed
at a specific person that would cause a reasonable person to fear for his or her
safety or the safety of others, or suffer substantial emotional distress.
All terms in this section are defined pursuant to UTMB's Institutional Handbook of Operating Procedures: Policy
3.2.4-Sexual Harassment and Sexual Misconduct Policy. http://www.utmb.edu/policies_and_procedures/10509160
Who is a Responsible Employee?
Responsible employees (administrators, supervisory staff, advisors, graduate
teaching assistants, and faculty who have a responsibility for students in the
following capacities: teaching; advising; coaching or mentoring; or supervising
in a clinical setting) have the duty to report incidents of alleged sexual
violence to the Title IX Coordinator immediately (within 24 hours) and incidents
of alleged violations of UTMB's Sexual Harassment and Sexual Misconduct policy
within 3 business days. Any delay beyond these timelines could result in
disciplinary action.
How Can a Bystander Intervene?
A bystander should ACT (Assist. Call for help. Tell someone.) in the safest
manner possible. There are various methods, including, but not limited to, the
following examples:
Assist:
Ensuring that someone who had too many drinks at a party gets home safely and
does not go home with someone else; making sure no one follows an inebriated
individual into another room; telling someone who is acting inappropriately to
stop; creating a distration; diffusing a situation; and/or removing an
inebriated individual from the dangerous situation.
Safe ways to intervene
- Direct: "It isn't safe for you to walk home alone. I will walk with you."
"You've had too much to drink. I will drive you." "Your comments and jokes are
not appropriate. Please stop."
- Distraction: Make a joke to diffuse a situation that is escalating. Ask a
friend who is at risk where the bathroom is and if they could walk with you.
Tell your friend that you lost your cell phone and that you need help finding
it.
- Delegation: Get another person or group of people to help you assist
someone.
Call for Help:
If the situation is an emergency, call 911 immediately; you can also call the
local police department and/or the campus police; call someone else to assist
(such as a friend, acquaintance or stranger), if necessary; and/or call a
hotline or other resource for assistance.
Tell someone:
Please report incidents of sexual violence, sexual harassment,
dating/domestic violence, or stalking to the Title IX Office upon returning to
work or school. To contact the Title IX Office:
Phone: (409) 772-2112
Email: Title.IX@utmb.edu
Location: 2.302 Rebecca Sealy Building
Website: www.utmb.edu/studentservices/titleix.asp
If someone is still at risk/danger or continues to pose a threat to the UTMB
community, report this to the appropriate on-campus resource: UTMB Campus
Police; Employee Assistance or Student Health and Counseling Services; or the
Title IX Office.