What is Sexual Misconduct?
Sexual misconduct is a form of sex discrimination prohibited by Title IX of the Education Amendments of 1972. Sexual misconduct includes sexual assault, sexual harassment, sexual exploitation, gender-based stalking, and gender-based relationship violence.
Although sexual misconduct often includes unwanted or nonconsensual sexual contact, sexual contact is not necessary for an act to be considered sexual misconduct. Sexual harassment and/or sexual misconduct directed toward a student by another student, a TCU employee or a third party is prohibited by Title IX and by TCU.
What is Consent?
Consent to sexual activity is defined as a knowing and voluntary agreement between the participants to engage in sexual activity.
- Consent cannot be given by a person who is asleep or physically or mentally incapacitated by alcohol, drug or other intoxicant.
- Consent cannot be compelled by force, threat of force, intimidation or deception.
- Consent cannot be given if it is coerced by supervisory or disciplinary authority.
- Consent to some sexual acts does not imply consent to others, and past consent to sexual activity does not imply future consent.
- Consent is informed and voluntary and can be revoked at any time and for any reason.
How to Report Sexual Misconduct
The University strongly urges incidents of sexual misconduct be reported to the TCU Police Department, Dean of Students Office, or the Title IX Officer. Each of these departments can assist the student in obtaining physical, mental and emotional assistance. TCU also has a confidential advocate available to students in the Campus Advocacy Resources & Education office.
If the alleged assailant is a TCU student, the victim may pursue criminal charges against the alleged assailant, seek disciplinary action within the University discipline process under the Code of Student Conduct, or both. The University disciplinary process can include, but is not limited to, giving a statement to a University official. TCU prohibits retaliation for making a complaint of sexual misconduct.
A student found in violation of the Code of Student Conduct will be subject to disciplinary sanctions. Sexual misconduct is a particularly grievous offense and may result in suspension or expulsion.