Skip to content Skip to main navigation Report an accessibility issue

Sexual Misconduct

“Sexual misconduct” is an umbrella term we use to describe all forms of conduct prohibited in the university’s Policy on Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking. The umbrella term “relationship and sexual violence” may be used interchangeably with “sexual misconduct.” Keep reading to learn about the different types of sexual misconduct.


Sexual Harassment

According to UT Policy, “Sexual Harassment” is conduct on the basis of sex that satisfies one or more of the following:

  • An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct;
  • Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity; or
  • Sexual Assault, Dating Violence, Domestic Violence, and/or Stalking.

Stalking

Countless movies romanticize stalking, it’s practically the plot of most rom-coms from the 90’s: someone likes someone else, they follow them around obsessively, despite initial rejections, until finally the other persons “falls in love” with their persistence. But stalking isn’t romantic. In fact, it’s a violation of UT Policy and against the law in all 50 states.

Stalking can look like a lot of different things. But the important part is to pay attention to the way the behavior makes you feel. Feeling afraid, vulnerable, unsafe, anxious, or like you need to change your location, routine or housing can be signs that you are experiencing stalking.

Some examples:

  • Showing up uninvited to your place of work, school, home
  • Knowing your schedule
  • Repeated unwanted in person or online contact
  • Spreading rumors about you
  • Damaging your property
  • Using other people to find out more about you (e.g., via a mutual friend’s social media account)
  • Tracking your movements

“Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—

  1. Fear for his or her safety or the safety of others; or
  2. Suffer substantial emotional distress.

“Course of conduct” means two or more acts, including, but not limited to, acts in which a person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates with or about another person, or interferes with another person’s property.

“Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. For the definition of Stalking, “reasonable person” means a reasonable person under similar circumstances and with similar identities to the complainant.

For the definition of Stalking, a “reasonable person” means a reasonable person under similar circumstances and with similar identities to the complainant.


Sexual Assault

“Sexual Assault” is an umbrella term for any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. Sexual Assault includes Rape, Fondling, Incest, and Statutory Rape.

“Sexual Assault” is an umbrella term for any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent.  Sexual Assault includes Rape, Fondling, Incest, and Statutory Rape.

  • “Rape” is the penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
  • “Fondling” is 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.
  • “Incest” is sexual intercourse between persons who are related to each other within degrees wherein marriage is prohibited by law.
  • “Statutory Rape” is sexual intercourse with a person who is under the statutory age of consent.

In short, sexual assault is when someone experiences sexual touch or penetration without consent.

“Consent” is an active agreement to participate in a sexual act. An active agreement is words and/or conduct that communicate a person’s willingness to participate in a sexual act.

  • Examples of sexual act(s) include, without limitation: vaginal intercourse; anal intercourse; oral sex; any other intrusion, however slight, of a person’s finger or any object into any other person’s genitals or anus; the intentional touching of a person’s intimate parts (genital area, groin, inner thigh, buttock or breast), the intentional touching of the clothing covering the immediate area of a person’s intimate parts, or the intentional touching of any other person with a person’s own intimate parts, if that intentional touching can be reasonably construed as being for the purpose of sexual gratification.
  • Consent can be revoked at any time.

Valid Consent cannot be given if:

  • A person is Incapacitated and a Reasonable Person in the same situation as the Respondent would have known that the person is Incapacitated;
  • A person is Forced; or
  • The sexual penetration of a person by the Respondent would constitute mitigated statutory rape, statutory rape, or aggravated statutory rape under state law, based on the ages of the Respondent and the other person.
  • Appendix B explains how the University determines whether Consent was obtained. Persons subject to this Policy are responsible for understanding and conforming their conduct to the standards described in this Section 2 and Appendix B.

“Force (Forced)” means words and/or conduct that, viewed from the perspective of a reasonable person, substantially impair(s) a person’s ability to voluntarily choose whether to take an action or participate in an activity.

Examples of Force include, without limitation:

  • Physical force (e.g., hitting, punching, slapping, kicking, restraining, choking, kidnapping, using a weapon, blocking access to an exit);
  • Words and/or conduct that would cause a reasonable person to fear:
  • Physical force or other harm to the person’s health, safety, or property, or a third person’s health, safety, or property;
  • Loss or impairment of an academic benefit, employment benefit, or money;
  • Disclosure of sensitive personal information or information that would harm a person’s reputation;
  • Disclosure of video, audio, or an image that depicts the person’s nudity or depicts the person engaging in a sexual act(s); or
  • Other immediate or future physical, emotional, reputational, financial, or other harm to the person or a third person.

“Incapacitation” means that a person lacks the ability to actively agree to sexual activity because the person is asleep, unconscious, under the influence of an anesthetizing or intoxicating substance such that the person does not have control over their body, is otherwise unaware that sexual activity is occurring, or their mental, physical, or developmental abilities renders them incapable of making a rational informed judgment. Incapacitation is not the same as legal intoxication.

  • A person violates this Policy when they engage in sexual activity with another person who is Incapacitated under circumstances in which a reasonable person would have known the other person to be Incapacitated.  For evaluating Incapacitation, a “reasonable person” means a sober, objectively reasonable person in the same situation, with ordinary sensitivities, and with similar identities as the Respondent.
  • Incapacitation can be voluntary or involuntary. Signs of Incapacitation may include, without limitation: sleep; total or intermittent unconsciousness; lack of control over physical movements (e.g., inability to dress/undress without assistance; inability to walk without assistance); lack of awareness of circumstances or surroundings; emotional volatility; combativeness; vomiting; incontinence; unresponsiveness; and inability to communicate coherently. Incapacitation is an individualized determination based on the totality of the circumstances.

For evaluating Incapacitation, a “reasonable person” means a sober, objectively reasonable person in the same situation, with ordinary sensitivities, and with similar identities as the Respondent.

If you have experienced sexual assault, you can visit the Office of Title IX’s website to learn more about resources, supports, and options. You are not alone. 


Relationship Violence

Relationship Violence (sometimes referred to as “intimate partner violence” includes Dating Violence and Domestic Violence.

“Dating Violence” means violence committed by a person—

  • Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  • Where the existence of such a relationship shall be determined based on a consideration of the following factors:
    • The length of the relationship.
    • The type of relationship.
    • The frequency of interaction between the persons involved in the relationship.

“Domestic Violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime occurs, or 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 occurs.

In cases involving allegations of mutual acts or threats of acts of violence, the designated investigator(s) will, when appropriate, identify the primary aggressor in the situation based on the totality of the information gathered, including without limitation: the history of violence between the parties; the relative severity of the injuries inflicted on each person; information gathered from the persons involved in the situation and witnesses to the situation; and whether the acts or threats were done in self-defense. The primary aggressor will be considered the Respondent for purposes of evaluating Domestic Violence.

Recognizing the signs of abuse in intimate relationships can be challenging and painful. Often people assume if there is no physical violence, it cannot be considered abusive. But emotional and verbal abuse can take a significant toll on your well-being. Know the signs of healthy relationships as well as red flags of unhealthy relationships. Check out our page on healthy relationships for more information.


Sexual Exploitation

According to UT Policy, “Sexual Exploitation” means taking sexual advantage of another person, without that person’s active agreement. An active agreement is words and/or conduct that communicate a person’s willingness to participate in an act.

You may be familiar with media portrayals and news stories about sex trafficking, but there are other forms Sexual Exploitation. Some examples per UT policy include (but are not limited to):

  • Showing, posting, or sharing video, audio, or an image that depicts a person who is engaging in sexual act(s), or a person’s breasts, buttocks, groin, or genitals, when the person being observed/photographed/audiotaped/videotaped/recorded is in a place in which the person has a reasonable expectation of privacy, if all persons who are depicted have not agreed to having the video/audio/image shown, posted, or shared;
  • Knowingly exposing another person to a sexually transmitted infection or disease without informing the other person that one has a sexually transmitted infection or disease;
  • Forcing a person to participate in sexual act(s)with a person other than oneself;
  • Forcing a person to expose the person’s breasts, buttocks, groin, or genitals.

For more examples of Sexual Exploitation, visit the Office of Title IX’s policy definition page. 


Retaliation

According to UT Policy, “Retaliation” means to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by this Policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing.

For the full Policy definition of Retaliation, visit the Office of Title IX’s policy definition page. 


You Are Not Alone.

If you or someone you know has experienced sexual assault or other sexual misconduct, you are not alone. There are resources on campus, in the community, and online that can support you. Click here for a comprehensive list of resources.