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Definitions

Sexual misconduct encompasses non-consensual sexual activity or unwelcome behavior of a sexual nature. Title IX and TAMIU prohibit all forms of sexual misconduct.

Consent

Clear and voluntary agreement to engage in a specific sexual activity. A person who is asleep or mentally or physically incapacitated, either through the effect of drugs, alcohol, or for any other reason, or whose agreement was made under duress, threat, coercion, or force cannot give consent. (Texas A&M University System Regulation 08.01.01, Civil Rights Compliance)

Discrimination

The unequal treatment of an individual or group of individuals based on a protected class (race, color, sex, religion, national origin, age, disability, genetic information, veteran status, sexual orientation, or gender identity) that results in the individual or group suffering adverse consequences in employment or educational opportunities.

Sexual Harassment

A form of sex discrimination. Unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature constitute sexual harassment when this conduct is so severe, persistent, or pervasive that it explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work or educational performance, or creates an intimidating or hostile work or educational environment. Unwelcome means that an individual did not request or invite it and considers the conduct to be undesirable or offensive. Submission to the conduct or failure to complain does not always mean that the conduct was welcome. Sexual harassment may be quid pro quo (“this for that”) or may constitute a hostile environment. Sexual harassment includes non-consensual sexual contact, sexual assault, sexual exploitation, and stalking, dating violence, and domestic violence when based on sex. (Texas A&M University System Regulation 08.01.01, Civil Rights Compliance)

Quid Pro Quo (“this for that”) Sexual Harassment

This form of sexual harassment involves unwelcome sexual advances, requests for sexual favors, or other verbal, physical, or non-physical conduct of a sexual nature, the submission to or rejection of which may result in an adverse educational or employment action. (Texas A&M University System Regulation 08.01.01, Civil Rights Compliance)

Hostile Environment

A situation in which there is harassing conduct based on a legally protected status that is severe, persistent, or pervasive enough to create a work or educational environment that a reasonable person would consider intimidating or abusive.  The determination of whether an environment is “hostile” must be based on all of the circumstances, which may include the frequency of the conduct, the nature and severity of the conduct, whether the conduct was physically threatening or humiliating, and the mental or emotional effect of the conduct on the individual subjected to the alleged illegal discrimination, sexual harassment, and/or related retaliation.  Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality or policy violation. (Texas A&M University System Regulation 08.01.01, Civil Rights Compliance)

Sexual Exploitation

A situation in which an individual(s) takes non-consensual or abusive sexual advantage of another for his or her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. For example, sexual exploitation could include such actions as secretly videotaping sexual activity, voyeurism, sexually-based stalking, invasion of sexual privacy, and knowingly transmitting a sexually transmitted infection to another person. (Texas A&M University System Regulation 08.01.01, Civil Rights Compliance)

Sexual Assault

Any intentional or knowing penetration of the sex organs, anus, or mouth without the other person’s consent. (Texas A&M University System Regulation 08.01.01, Civil Rights Compliance)

Domestic Violence

An act, other than a defensive measure to protect oneself, against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault, or the threat of which reasonably causes fear of such harm. (Texas Family Code Section 71.004; Texas A&M University System Regulation 08.01.01, Civil Rights Compliance)

Dating Violence

An act, other than a defensive measure to protect oneself, by an individual against a victim with whom there is or was a romantic or intimate relationship or marriage, and that is intended to result in physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably results in a fear of such harm. (Texas Family Code Section 71.0021; Texas A&M University System Regulation 08.01.01, Civil Rights Compliance)

Stalking

Knowingly engaging in conduct, including following a person, that one reasonably believes is threatening the bodily injury or death of themselves, a member of their family or household, or their property. (Texas Penal Code 42.072; Texas A&M University System Regulation 08.01.01, Civil Rights Compliance)

Rape

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 the consent of the victim. [Violence Against Women Act or VAWA, 668.46(a), Appendix A]

Statutory Rape

Sexual intercourse with a person who is under the statutory age of consent. [Violence Against Women Act or VAWA, 668.46(a), Appendix A]

Fondling

The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity. [Violence Against Women Act or VAWA, 668.46(a), Appendix A]

Incest

Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. [Violence Against Women Act or VAWA, 668.46(a), Appendix A]


Title IX Office
Killam Library, Room 159B
5201 University Boulevard
Laredo, Texas 78041

Email: TitleIX@tamiu.edu
Telephone: (956) 326-2857
Facsimile: (956) 326-2359