Sexual Assault and Sexual Misconduct
Definition of Sexual Misconduct and Related Terms
State law defines various violent or non-consensual sexual acts as crimes. Additionally, UNTHSC has defined categories of sexual misconduct, for which disciplinary action may be imposed. UNTHSC has the right to impose any level of discipline, up to and including suspension or expulsion, for any sexual misconduct or sexual exploitation.
Additional information can be found in the What To Do About Sexual Violence brochure.
Sexual Assault means the intentional or knowing penetration, no matter how slight, of the sex organ or anus with any body part or object, or oral sex, without consent of the complainant. The term sexual assault also may be referred to as rape.
Sexual Misconduct: Conduct including sexual harassment, sexual exploitation and/or sexual violence.
Sexual Exploitation:Taking non-consensual or abusive sexual advantage of another for another’s own advantage or benefit, or to benefit or advantage anyone other than the person being exploited, including but not limited to, non-consensual video or audio-taping of sexual activity or undetected viewing of another’s sexual activity. Examples include, but are not limited to:
- Sexual voyeurism
- Engaging in sexual activity with another person while knowingly infected with a sexually transmitted disease and without informing the other person of the infection
- Administering drugs, such as “date rape” drugs without knowledge or consent
- Compelling or inducing another person to engage in a sexual act by means of: (i) pressuring, cajoling, or arguing; (ii) instilling fear of dire consequences if a demand is not met; (iii) utilizing drugs or alcohol.
Consent means words or actions that show an active, knowing and voluntary agreement to engage in sexual activity. Consent cannot be gained by force, coercion, manipulation, threats, or by taking advantage of the incapacitation of another when the individual knows or reasonably should have known of such incapacity by use of alcohol or drugs. Consent is absent when the activity in question exceeds the scope of previously given consent, or the person in unconscious or otherwise unaware that the prohibited conduct is occurring. Consent may be revoked at any time. A sexual assault under Texas law is without the consent of the other person if:
- The actor compels the other person to submit or participate by the use of physical force or violence;
- The actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat;
- The other person has not consented and the actor knows the other person is unconscious or physically unable to resist;
- The actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;
- The other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;
- The actor has intentionally impaired the other person’s power to appraise or control the other person’s conduct by administering any substance without the other’s person’s knowledge;
- The actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;
- The actor is a public servant who coerces the other person to submit or participate;
- The actor is a mental health service provider or a health care service provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person’s emotional dependency on the actor;
- The actor is a clergyman who causes the other person to submit or participate by exploiting the other person’s emotional dependency on the clergyman in the clergyman’s professional character as spiritual adviser; or
- The actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.
- A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep, or unconscious for any reason.
- A student who engages in sexual activity when the student knows, or should know, that the other person is physically or mentally incompetent has violated this policy
- If the student accused of sexual misconduct is under the influence of drugs or alcohol and does not realize the incapacity of the Complainant, this policy is still violated.
- Consent for some sexual activity does not grant automatic consent for other sexual activities.
- Consent is not based upon a current or previous dating relationship.
- Consent is not based upon silence or the absence of resistance.
- A person can withdraw consent at any time.
- A verbal “no” or other verbal expression of “no” and/or physical resistance, always means “no.”
As a survivor of sexual assault, you have the right:
- To have any allegation of sexual assault treated seriously and with respect.
- To have information on medical, counseling, mental health, or other student services.
- To have any allegation of sexual assault investigated adjudicated by the appropriate authorities and prompt assistance of campus personnel.
- To be free from any suggestion that the victim is responsible for the crime.
- To be free from any suggestion that the victim should refrain from reporting to avoid publicity.
- To have an advocate present.
- To be notified of the outcome of the disciplinary proceeding against the accused.
- To prompt cooperation of campus personnel in collecting evidence.
- To be informed of, and assisted in, exercising any rights to be confidentially, or anonymously, tested for sexually transmitted infection or immunodeficiency virus.
- To require campus personnel to take reasonable and necessary action to prevent further unwanted contact of victims with their alleged assailants.
As a student accused of sexual misconduct you are entitled:
- To be treated with respect by UNTHSC officials. To take advantage of campus support resources.
- To have an advisor during a sexual misconduct conduct conference in accordance with the Student Code of Conduct and Discipline. Additional information can also be found in the Understanding the Conduct Process For Allegations of Sexual Misconduct brochure.
- To have access to counseling services.
- To be heard in accordance to the Student Code of Conduct and Discipline.
This page was last modified on March 7, 2018