What is Sexual Misconduct?
- Abuse or violence committed by a current or former spouse or intimate partner of the Reporting Party, by a person with whom the Reporting Party shares a child in common, or by a person with whom the Reporting Party is cohabiting (or has cohabited) with a spouse or intimate partner.
- Abuse or violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Reporting Party.
- Unwelcome verbal, written or physical conduct of a sexual nature when:
- Such conduct is made either explicitly or implicitly a term or condition of employment or education;
- Such conduct is used as a basis for decisions affecting employment or education; or
- 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 or pervasive.
- Engaging in private or sexual acts in a publicly viewable location, such that it is offensive to accepted standards of decency.
- An act that deprives a member of the college community of his or her rights of access to campuses and facilities and of participation in education, services, programs, operations, employment, benefits or opportunities with the university on the basis of the person’s sex or gender.
- Any type of sexual contact or behavior that occurs without the explicit consent of the recipient. Sexual assault includes non-consensual sexual contact and non-consensual sexual intercourse.
- Taking non-consensual or abusive sexual advantage of another for the benefit of one’s self or a third party.
- A course of conduct directed at a specific person that would cause a reasonable person to fear for his or her own safety or the safety of others or would cause that person to suffer substantial emotional distress.
What is Consent?
- Mutually understandable words or actions, actively communicated both knowingly and voluntarily, that clearly conveys permission for a specific activity. Consent is not effective if it results from:
- the use of physical force
- a threat of physical force
- any other factor that would eliminate an individual’s ability to exercise his or her own free will to choose whether or not to engage in sexual activity.
Consent is also defined in the context of criminal sexual assault in the Texas Penal Code, Chapter 22, Section 22.011.
Each partner is responsible for making sure that the other partner has provided clear consent before engaging in any sexual activity or contact.
- A person may withdraw consent at any time during sexual activity through words or actions.
- Silence or the absence of resistance does not constitute consent.
- Consent is active; both parties must say “yes.”
- Consent is a must for every type of sexual activity, every time it occurs.
- Consent is not valid if forced, threatened, intimidated or coerced.
- Consent is not valid if a person is incapacitated.
What is incapacitation?
- A state of being that prevents an individual from having capacity to give consent. For example, incapacitation could result from the use of drugs or alcohol, a person being asleep or unconscious, or because of an intellectual or other disability.
What happens if I report something to a staff member or faculty member at Weatherford College?
- Faculty and Staff at Weatherford College are required by law to report all known details of a report that could be a Title IX violation to the Title IX Coordinator immediately. After a report is made, the Title IX Coordinator or a Deputy Coordinator will make contact with the reporting party to ensure safety, notify the party of remedies, and their options to move forward.
What happens after I report?
- After a report is made, the Title IX Coordinator or a Deputy Coordinator will make contact with the reporting party to ensure safety, notify the party of remedies, and their options to move forward.
What if I don’t want to file a formal complaint but need help?
- Even if you do not want to go through an investigation or file a formal complaint, a Title IX Administrator can assess your needs as they relate to your class schedule, work schedule, living situation, or other safety concerns. A Title IX Administrator can also connect students with counseling and other off campus resources.
Who can I report to?
- Reporting an Incident
- Nothing in Weatherford College’s policy shall prevent a student from presenting a charge of discrimination or other grievance covered by this policy to an external agency, such as the United States Department of Education: Office of Civil Rights (OCR), 400 Maryland Avenue, SW Washington, DC 20202-1100, Customer Service Hotline#: (800) 421-3481, http://www.ed.gov/ocr.
What if I was drinking or using drugs when the Title IX violation occurred?
- The College will provide educational options in lieu of conduct proceedings in certain situations. The Executive Dean of Student Services or designee can assist with questions related to amnesty provisions.
Is it possible to be sexually harassed/assaulted by someone of the same gender?
- Yes. If you have been subjected to unwanted sexual contact or sexual harassment, your gender and the gender of the alleged perpetrator are irrelevant. Such conduct is prohibited by Title IX.
What if the incident occurs off campus?
- If the incident involves a Weatherford student, it should still be reported and the Title IX Coordinator can still assist the student.
Does Title IX apply to online behavior?
What about retaliation?
- Retaliation against a person who reports a potential violation under this policy, assists someone with a report of a violation, or participates in any manner in an investigation or in the resolution of a complaint made under this policy is strictly prohibited and will not be tolerated. Retaliation includes, but is not limited to threats, intimidation, reprisals and/or adverse actions related to an individual’s employment or education.