Title IX Policy Definitions

Any verbal, nonverbal, graphic, and/or physical behavior that intimidates and/or intentionally hurts, controls and/or diminishes another person physically, emotionally and/or mentally on the basis of their membership in a protected class enumerated in this policy. This may include behavior occurring in person and/or via electronic communication

For purposes of this policy, consent to sexual activity is: actions or words that a reasonable person would understand to communicate voluntary permission among participants to engage in mutually agreed upon sexual activity. Consent cannot be obtained through force, threat of force, coercion, intimidation, or by taking advantage of another person’s incapacitation. An individual is incapacitated and cannot give consent if a reasonable person would conclude based on the information available that the individual is not capable of giving consent because the individual is mentally and/or physically helpless, either voluntarily or involuntarily, or the individual is unconscious, asleep, or otherwise unaware that the sexual activity is occurring. A person may not be capable of giving consent as a result of the consumption of alcohol and/or other drugs, or due to a temporary or permanent physical or mental health condition.

Any act that knowingly aids, facilitates, promotes, or encourages another person to engage in conduct that violates this policy.

For purposes of this policy, it is violence, including but not limited to sexual or physical abuse or threat of such abuse, which occurs between individuals who are or has been in a social relationship of a romantic or intimate nature. In determining the existence of such a relationship, consideration will be given to the length and the type of relationship and the frequency of interaction between the persons involved in the relationship. Dating violence does not include acts covered under the definition of domestic violence.

For purposes of this policy, it is a felony or misdemeanor crime of violence committed:

• by a person against their current or former spouse or intimate partner;
• by one person against another person when the two individuals share a child in common;
• by one person against another person with whom they have or has cohabitated with as a spouse or intimate partner;
• by a person, similarly situated to a spouse of the person against whom the violence was directed, under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred;
• 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 jurisdiction in which the crime of violence occurred.

A form of discrimination that is unwelcome verbal or physical conduct based on an individual’s age, race, color, religion, sex, sexual orientation, gender, gender identity, gender expression, national origin, ethnic origin, disability, predisposing genetic information, covered veteran status, and any other basis protected by law, when (a) submitting to or enduring such unreasonable conduct is made implicitly or explicitly a term or condition of a person’s instruction, academic standing, employment, or participation in any TCU program, activity, or benefit, (b) submission to or rejection of such unreasonable conduct is used, implicitly or explicitly, as the basis for decisions affecting an individual’s education (e.g., admission, academic standing, grades, assignment); employment (e.g., hiring, advancement, assignment); or participation in a TCU program, activity or benefit, (c) in the employment context, such conduct if repeated would unreasonably interfere with a person’s work performance or create an intimidating, hostile, or offensive work environment, or (d) in the education context, such conduct if repeated would be sufficiently severe, persistent, or pervasive that the conduct would unreasonably interfere with the student’s ability to participate in or benefit from educational programs or activities at TCU. For purposes of this section, for conduct to be considered “unreasonable” or to be considered conduct that would “unreasonably interfere” with a person’s activities, the conduct must be more than subjectively offensive or harmful; the conduct must be objectively offensive, or offensive to a reasonable person of similar identity.

A hostile environment exists when harassment against an individual on the basis of that individual’s age, race, color, religion, sex, sexual orientation, gender, gender identity, gender ex- pression, national origin, ethnic origin, disability, genetic information, covered veteran status, or any other basis protected by law, (1) has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or (2) creates an intimidating, hostile or offensive environment for work, academics or participation in a TCU program or activity so as to deny or limit a person’s ability to participate or benefit from TCU’s programs, services or activities.

Harassment that creates a hostile environment for work, academics or other participation in a TCU program or activity violates this policy.

Examples of harassment that violate this policy include but are not limited to the following:

• Making unwelcome verbal statements, slurs, epithets, jokes, derogatory or degrading comments, based on race, color, religion, national origin, ethnic origin, dis- ability, age, gender, sexual orientation, gender, gender identity, gender expression, genetic information, covered veteran status, or any characteristic protected by law; Asking for dates, or making sexual advances, with or without physical conduct, where the overture is unwelcome;
• Physical assaults of a sexual nature, such as rape, including acquaintance or date rape, or attempts to commit such an assault, and unwelcome physical conduct or conduct of a sexual nature, such as unwanted touching, impeding or blocking another person’s movements, brushing against, leering at, or making sexual gestures to another person;
• Threatening or engaging in reprisals or retaliation after such an overture is rejected;
• Implying or threatening that submission to sexual advances or conduct prohibited by this policy is a condition of employment, work status, salary increase or decrease, promotion, academic admission, grades, advancement, recommendations, or participation in a program or activity;
• Making unwelcome sexual verbal statements, such as suggestive or off-color jokes, innuendo, comments about sexual activity, an individual’s body or appearance, sexual prowess or previous sexual experience;
• Displaying unwelcome sexually suggestive writings, pictures, magazines, cartoons, internet material or objections;
• Issuing unwelcome writings such as suggestive jokes, cartoons, off-color or obscene letters, notes or invitations transmitted by e-mail, text messages, via cell phone or otherwise;
• Display or circulation of material that denigrates or shows hostility or aversion toward an individual or group based on a legally protected characteristic;
• Other unwelcome conduct which has the purpose or effect of unreasonably interfering with an individual’s work or educational performance or creating an intimidating or hos- tile environment work or educational environment. Such conduct may include intimidation, ridicule, or insults.

Action taken against any person because the individual filed a good faith report or formal complaint alleging conduct of the type prohibited by this policy or because the individual has testified, assisted or otherwise participated in an investigation of conduct of the type prohibited by this policy or in related proceedings.  Retaliation can take many forms, including, but not limited to, adverse action or violence, threats, acts of intimidation, other acts of harassment or discrimination. Retaliation is a separate and distinct violation under the policy and the law. Any person found to have violated this policy of non-retaliation is subject to disciplinary action up to and including termination or expulsion.

Any sexual act directed against another person without their consent, including instances where the person is incapable of giving consent. Sexual Assault includes:

1. Non-Consensual Sexual Contact: For purposes of this policy, it is the touching of another person’s breasts, buttocks, groin, genital, or other intimate parts for the purpose of sexual gratification without consent. Touching may be over or under clothing and may include the touching another, one person forcing another to touch them or to touch another person, or one person making another touch their own body.
2. Non-Consensual Sexual Intercourse: For purposes of this policy, it is the penetration, no matter how slight, of the vagina or anus, with any body part or object, or the oral penetration by a sex organ of another person, without consent. This includes: Vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation (mouth to genital contact).
3. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
4. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

Purposely or knowingly doing any of the following:

1. Observing and/or watching other(s) engaged in intimate behaviors including, but not limited to, undressing, sexual activity, using the bathroom, bathing, or other actions usually considered to be of a private nature, without the other person’s knowledge or consent (often referred to as voyeurism);
2. Recording, photographing, transmitting, showing, viewing, streaming, or distributing pictures, video or audio of another person in a sexual act or in any other intimate/private activity without the knowledge and consent of all persons involved in the activity;
3. Exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent.
4. Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV), a sexually transmitted disease (STD) or infection (STI) without informing the other person of the infection;
5. Administering alcohol or drugs (such as “date rape” drugs) to another person without their knowledge or consent; or
6. Exposing one’s genitals in non-consensual circumstances.

Conduct on the basis of sex that satisfies one or more of the following:

1. A TCU employee conditioning the provision of an aid, benefit, or service of TCU on an individual’s participation in unwelcome sexual conduct;
2. Unwelcome conduct that a reasonable person would consider so severe, pervasive and objectively offensive that it effectively denies a person equal access to TCU’s educational programs or activities;
3. Sexual Assault: any sexual act directed against another person without their consent, including instances where the person is incapable of giving consent. Sexual Assault includes:
   1. Non-Consensual Sexual Contact: For purposes of this policy, it is the touching of another person’s breasts, buttocks, groin, genital, or other intimate parts for the purpose of sexual gratification without consent. Touching may be over or under clothing and may include the touching another, one person forcing another to touch them or to touch another person, or one person making another touch their own body.
   2. Non-Consensual Sexual Intercourse: For purposes of this policy, it is the penetration, no matter how slight, of the vagina or anus, with any body part or object, or the oral penetration by a sex organ of another person, without consent. This includes: Vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation (mouth to genital contact).
   3. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
   4. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

Sexual harassment may also result in a hostile environment, which is also prohibited by this policy.

For purposes of this policy, it is engaging in a course of conduct directed at a specific person which would cause a reasonable person (under similar circumstances and with similar identities to (1) fear for their safety or the safety of others or (2) suffer significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling.  For purposes of this definition, a “course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.  Examples can include, but are not limited to, threats of harm to self, others, or property; pursuing or following a person; non-consensual (unwanted) communication by any means; sending unwanted gifts; trespassing; and surveillance or other related types of observation.  Stalking also includes cyber-stalking through electronic media, like the internet, social networks, blogs, cell phones, or text messages.