Acts that Constitute Sexual Harassment

For purposes of this section, Sexual Harassment refers to unwelcome conduct on the basis of sex (of a sexual nature or otherwise): (1) by an employee of the member who conditions the provision of an aid, benefit, or service of the member on an individual’s participation in that unwelcome sexual conduct; (2) determined by a reasonable person to be so severe and pervasive and objectively

offensive that it effectively denies a person equal access to the member’s education program or activity; or (3) sexual assault or dating violence, domestic violence, or stalking based on sex. According to TAMU System Policy 08.01.01, Civil Rights Compliance, a sexual harassment complaint under Title IX may be dismissed if:

• the conduct alleged in the formal complaint would not constitute sexual harassment as defined by System Regulation even if proved,
• the conduct did not occur against a person in the United States, or
• the conduct did not occur during a TAMUK education program or

A complaint of sexual harassment may be dismissed under Title IX if:

• the complainant(s) notifies the Title IX Coordinator in writing that the complainant(s) wishes to withdraw the complaint,
• if the respondent(s) is no longer enrolled or employed by TAMUK, or
• if specific circumstances prevent TAMUK officials from collecting evidence sufficient to reach a determination (for example, when the complainant(s) has ceased participating in the process, if too much time has passed and sufficient evidence is no longer available, when the complainant(s)’s identify is not known, and when the exact same allegations have already been investigated and adjudicated).

If a sexual harassment complaint is dismissed under Title IX, the complaint may still be investigated and adjudicated as an alleged violation of sex-based misconduct or other student/employee conduct policies. Appeals of a complaint dismissal under Title IX may be filed with the senior compliance officer at the Office of Compliance and Risk Management, Lewis Hall, room 130, 361-593-4758.

Acts that Constitute Sex-based Misconduct

For purposes of this section, Sex-based Misconduct refers to unwelcome conduct on the basis of sex that is severe, persistent, or pervasive enough to create a work, educational, or campus living environment that a reasonable person would consider intimidating, abusive, or offensive. Sex-based misconduct is explicitly prohibited under this regulation. Aiding another in the commission of sex- based misconduct is also prohibited under this regulation. Sex-based includes, but is not limited to, sexual assault, sexual exploitation, dating violence, domestic violence, and stalking based on sex.

Complaints of sexual harassment and sex-based misconduct follow the same adjudicatory process. If the complaint is unsubstantiated as a violation of System Regulation 08.01.01, Civil Rights Compliance and there is an allegation of student code of conduct violations, the complaint may move forward through the student conduct process.