Sexual Misconduct

 

The University of North Texas is committed to providing a safe environment for all community members. Dating violence, domestic violence, sexual harassment, sexual coercion, sexual exploitation, sexual violence, and stalking are prohibited. 

For a complete copy of the University's policies governing sexual misconduct visit:

For Additional Information, view the Know More Book. If you have been impacted by violence, you are not alone. There are resources and services available to help. This book will discuss your rights, reporting options, and resources. If you have any questions, please reach out to a Survivor Advocate at SurvivorAdvocate@unt.edu. We are here to help.

 

Definitions

The Code of Student Conduct defines the following prohibited conduct:

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. The existence of such a relationship shall be determined based on the consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence incudes but is not limited to: sexual or physical abuse or the threat of such abuse. It does not include acts covered under the definition of domestic violence

Domestic Violence means a felony or misdemeanor crime 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 of violence occurred, 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 of violence occurred.

Retaliation means any adverse action, treatment, or condition taken because of an individual’s participation in a protected activity (i.e., made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy), including an act intended to intimidate, threaten, coerce, or discriminate that is likely to interfere with or dissuade a reasonable person from opposing discriminatory or harassing practices, filing a sexual harassment complaint, participating in an investigation regarding sexual harassment, or otherwise affecting any right or privilege secured by Title IX or this policy, or because the individual has. Retaliation also includes filing a complaint or other action against an individual for alleged violation of University policy unrelated to sexual harassment but arising out of the same facts or circumstances as a report of sex discrimination or sexual harassment, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or this policy.

Sexual Assault means an offense that meets the definition of rape, fondling, incest or statutory rape.

  1. Rape: 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.
  2. 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.
  3. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  4. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

Sexual Coercion means the use of manipulation or threat to force someone to engage in a sexual act.

Sexual Exploitation means taking non-consensual or abusive sexual advantage of an individual for the benefit or advantage of anyone other than the person being exploited. Examples of sexual exploitation include but are not limited to: non-consensual video or audio-taping of sexual activity, undetected viewing of another’s sexual activity or other types of sex-based voyeurism, or the intentional removal of a condom or other prophylactic barrier during sexual activity without the consent of a sexual partner.

Sexual Harassment-- State. “Sexual Harassment – State" or “State Sexual Harassment” means unwelcome, sex-based verbal or physical conduct that:

     a. In the employment context, unreasonably interferes with a person's work performance or creates an intimidating, hostile, or offensive work environment; or

     b. in the education context, is sufficiently severe, persistent, or pervasive that the conduct interferes with a student's ability to participate in or benefit from educational programs or activities at a postsecondary educational institution.

Sexual Harassment-- Title IX. “Sexual Harassment – Title IX” or “Title IX Sexual Harassment” means Conduct on the basis of sex that satisfies one or more of the following:

     a. Quid pro quo: An employee of the institution conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct;

     b. 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

     c. “Sexual assault,” “dating violence,” “domestic violence,” or “stalking” as defined in this Policy.

Subsections (a) and (c) in this definition are not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access, because such conduct is sufficiently serious to deprive a person of equal access. Therefore, any instance of quid pro quo sexual harassment and any instance of sexual assault, dating violence, domestic violence, and stalking are considered sexual harassment under this Policy.

Sexual Harassment. “Sexual Harassment” without the qualifier “State” or “Title IX” refers to both State Sexual Harassment and Title IX Sexual Harassment.

Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to (1) fear for the person’s 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 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. “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim.

Reporting

The University has procedures in place that aim to be aware of the needs of those who make an institutional report of sexual assault, domestic violence, dating violence, and stalking. Procedures include informing individuals about their right to file criminal charges as well as the availability of counseling, health, mental health, victim advocacy, legal assistance, visa, and immigration assistance, and other services on and/or off-campus, as well as additional remedies to prevent contact between a complainant and a respondent, such as housing, academic, transportation and working accommodations, if reasonably available. The University will make such accommodations, if the victim requests them and if they are reasonably available, regardless of whether the complainant chooses to report the crime to the UNTPD or local law enforcement.

Anyone can report prohibited conduct by notifying the Dean of Students Office (940.565.2648), the Title IX Coordinator (940.565.2759), or the UNT Police Department (940.565.3000).  The online reporting form is found at http://report.unt.edu.

Response

  1. Depending on when reported (immediate vs delayed report), the institution will provide the complainant with access to medical care.
  2. UNT will assess the immediate safety needs of the complainant.
  3. UNT will assist the complainant with contacting local police at the complainant's requests AND the complainant will be provided with contact information for the local police department.
  4. UNT will provide the complainant with referrals to on and off-campus mental health providers.
  5. UNT will assess the need to implement interim or long-term protective measures, such as housing changes, change in class schedule, and a “no contact” directive between both parties.
  6. UNT may issue a “no trespass” directive to the respondent if deemed appropriate.
  7. UNT will provide a copy of the Code of Student Conduct or Sexual Harassment Policy to the complainant and inform the complainant regarding timeframes for inquiry, investigation, and resolution.
  8. UNT will inform the complainant of the outcome of the investigation, whether or not the respondent will be administratively charged and what the outcome of the hearing is.
  9. UNT will enforce the anti-retaliation policy and take immediate and separate action against parties that retaliate against a person for complaining of sex-based discrimination or for assisting in the investigation.

Conduct Process When the Person Alleged of Committing Sexual Misconduct is a Student

  1. An impartial investigator from the Office of Equal Opportunity will be assigned to conduct a thorough investigation of the allegation(s).
  2. The complainant and respondent will have timely notice of meetings.
  3. The complainant and respondent will have the opportunity to meet with the investigator to share their perspective on the allegation(s) and to provide any relevant information or names of individuals with relevant information to the investigator.
  4. The complainant and respondent each have the opportunity to be advised by a personal advisor of their choice, at their expense, at any stage of the process and to be accompanied by that advisor at any meeting or proceeding. An advisor may only consult and advise his or her advisee, but not speak for the advisee at any meeting or hearing. Both parties have the ability to provide witnesses and additional information.  The Survivor Advocate can assist complainants with connection to an advisor and information about Respondent Advisors can be found here.
  5. The complainant and respondent will receive regular, written updates from the investigator regarding the status of the investigation.
  6. The complainant and respondent will have the opportunity to review the investigation and respond in writing prior to the conclusion of the investigation.
  7. The investigator will use the preponderance of the evidence standard (i.e., is it more likely than not that the Code of Student Conduct was violated) to determine if the respondent committed misconduct.
  8. The complainant and respondent will be notified simultaneously, in writing, of the outcome of the investigation and any sanctions imposed for misconduct. 
  9. The complainant and respondent will be notified of their option to request reconsideration or review of the finding and any sanctions imposed.
  10. The complainant and respondent will be advised of any requests for reconsideration or review made by the other party and will be notified of the final outcome of any reconsideration or review.

Please see our page on Understanding the Conduct Process for Allegations of Sexual Harassment for more information. We are here to help.



Sanctions When the Party Responsible for Misconduct is a Student

If a student is found responsible for violating the Code for one or more prohibited behaviors, one or more of the following sanctions can be imposed:

  • Residence Hall Removal

  • Conduct Probation (removes good standing for a period of time)

  • Suspension

  • Expulsion

  • No Contact Order

  • Trespass

  • Educational Sanctions

Who to Contact

UNT Survivor Advocate
SurvivorAdvocate@unt.edu
940-565-2648
Website

Eve Shatteen Bell (Pronouns: she/her/hers)
Title IX Coordinator
Eve.ShatteenBell@unt.edu
940-565-2759

Website

Maureen McGuinness, Ed. D (Pronouns: she/her/hers)
Deputy Title IX Coordinator
940-565-2648

 

For More Information

For more information on how the University addresses sexual violence please review the University’s Annual Security Report.

 


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