Definitions

For purposes of this policy, the below definitions apply. However, some of these terms are also defined under federal and/or Texas State law. For more information regarding state law definitions, please refer to the end of this section.

Formal Complaint

Document filed by a Complainant or signed by the University's Title IX Coordinator alleging Sexual Misconduct against a Respondent and requesting that the University investigate the allegation(s) of Sexual Misconduct.

Complainant

An individual, who must be participating or attempting to participate in the University's education program or activity, who is alleged to be the victim of conduct that could constitute Sexual Misconduct.

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: (i) the use of physical force, (ii) a threat of physical force, (iii) intimidation, (iv) coercion, (v) Incapacitation, or (vi) 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.

Incapacitation

A state of being that prevents an individual from having the 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.

Respondent

The individual who has been reported to be the perpetrator of conduct that could constitute Sexual Misconduct.

Responsible Employee

All employees, except for those designated by the University as an individual whom University students may speak confidentially concerning Sexual Misconduct or who receives information regarding such an incident under circumstances that render the Employee's communications confidential or privileged under other law, are Responsible Employees who must report allegations of Title IX Sexual Misconduct, including all known information concerning the incident, to the Title IX Coordinator.

Retaliation

Any action that adversely affects the academic, employment, or other institutional status of a student or employee of the University, visitor, applicant for admission to or employment with the University, because an individual has, in good faith, brought a complaint to the University.

Title IX Sexual Misconduct

Conduct that allegedly occurred against a person in the United States, in a University's education programs or activities, on the basis of sex, and that satisfies one or more of the following:

• Sexual Harassment - Quid Pro Quo: A University employee conditioning the provision of an aid, benefit, or service of the University on an individual's participation in unwelcome sexual conduct.
• Sexual Harassment - Severe, Pervasive, and Objectively Offensive Conduct: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University's education program or activity.

Supportive Measures

Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed.