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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, voluntary and ongoing agreement to engage in a specific sexual act. Persons need not verbalize their consent to engage in a sexual act for there to be permission. Permission to engage in a sexual act may be indicated through physical actions rather than words. A person who was asleep or mentally or physically incapacitated, either through the effect of drugs or alcohol or for any other reason, or whose agreement was made under duress or by threat, coercion, or force, cannot give consent.  (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 or 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, educational, or campus living 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, 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” for “that”; i.e., unwelcome sexual advances, requests for sexual favors or other verbal, nonverbal or 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 class that is severe, persistent, or pervasive enough to create a work, educational, or campus living 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(s) subjected to the alleged harassment.  (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, exposing one’s genitals or causing another to expose one’s genitals, and knowingly transmitting a sexually transmitted infection to another person.  (Texas A&M University System Regulation 08.01.01, Civil Rights Compliance)

Sexual Assault

An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI's Uniform Crime Reporting program. [34 CFR 668.46(a)]  (System Regulation 08.01.01, Civil Rights Compliance)

Domestic Violence

A felony or misdemeanor crime of violence committed by:  (a) a current or former spouse or intimate partner of the victim;  (b) a person with whom the victim shares a child in common; (c) a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; (d) a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or (e) 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. [34 CFR 668.46(a)]  (System Regulation 08.01.01, Civil Rights Compliance)

Dating Violence

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship will be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.  For the purposes of this definition:  (1) Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. (2) Dating violence does not include acts covered under the definition of domestic violence. [34 CFR 668.46(a)]  (System Regulation 08.01.01, Civil Rights Compliance)

Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:  (a) fear for the person's safety or the safety of others; or (b) suffer substantial emotional distress.  For the 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.  (b) Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.  (c) Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. [34 CFR 668.46(a)]  (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