SEXUAL MISCONDUCT POLICY
(Including sexual harassment, sexual assault, sexual exploitation, dating violence, domestic violence, stalking and related retaliation)
REPORT AN INCIDENT - LINK
POLICY STATEMENT
In accordance with Title IX, the Clery Act as amended by the Violence Against Women Act (VAWA), and other applicable law, Texas A&M University-Kingsville is committed to providing a learning, working and living environment that promotes integrity, civility, and mutual respect in an environment free of discrimination on the basis of sex and sexual misconduct which includes sexual harassment, sexual assault, sexual exploitation, dating violence, domestic violence, stalking, and retaliation. The Chief Executive Officers in the A&M System universities and agencies are responsible for achieving an equal employment opportunity environment, and each system employee is accountable for creating an atmosphere that values and nurtures community, collegiality and accessibility.
Texas A&M University-Kingsville is committed to serving the state’s students and citizens through education, leadership development, research and service.
Texas A&M University-Kingsville prohibits sexual misconduct and sexual discrimination and has implemented this policy and related procedures to prevent acts of sexual misconduct and sexual discrimination and to take prompt and appropriate action to investigate reports of sexual harassment, sexual assault, sexual exploitation, dating violence, domestic violence, stalking, and retaliation.
If you have any questions or concerns related to equal employment opportunity, equal access, affirmative action or requests for disability accommodations, please direct them to the following individual who has been designated as the university’s Section 504 and American with Disabilities Act Coordinator:
Karen B. Royal, Director of Compliance
(361) 593-4758
Lewis Hall, Room 130
700 University Blvd., MSC 221
Kingsville, Texas 78363
karen.royal@tamuk.edu
The following individual is designated as the university’s Coordinator for Title IX of the Education Amendments of 1972, responsible for inquires and complaints alleging discrimination in educational programming and access based on sex:
Tasha Clark, Title IX Coordinator
(361) 593-4761
Lewis Hall, Room 130
700 University Blvd., MSC 221
Kingsville, Texas 78363
tasha.clark@tamuk.edu
titleix@tamuk.edu
Questions concerning Title IX may also be directed to the Assistant Secretary for Civil Rights, U.S. Department of Education, Office for Civil Rights, 400 Maryland Avenue, SW, Washington, D.C. 20202-1100.
General information about the university’s administrative process and resources for the reporting and prevention of sexual misconduct is provided below. For more detailed information on each subject, see System Regulation
08.01.01, Civil Rights Compliance (
http://policies.tamus.edu/08-01-01.pdf) and Texas A&M University – Kingsville’s Student Handbook (
http://www.tamuk.edu/dean/dean_files/studenthandbook.pdf).
TYPES OF OFFENSES
Sexual harassment is a form of sex discrimination. 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, dating violence, domestic violence, and stalking when based on sex.
ADMINISTRATIVE PROCESS
The Office of Compliance oversees investigations for complaints of sexual misconduct (sexual harassment, sexual assault, sexual exploitation, dating violence, domestic violence, and stalking). Investigations of sexual misconduct follows an administrative process outlined in System Regulation
08.01.01, Civil Rights Compliance and the Student Handbook. The administrative process is a fair and unbiased fact-finding process. Students may choose to participate in an administrative process, a criminal process by reporting to the University Police Department or Kingsville Police Department, or students may participate in both processes.
Students who wish to utilize the administrative process, may report alleged incidents of sexual misconduct to the Title IX Coordinator. The Title IX Coordinator will then conduct an inquiry into the circumstances of the complaint to determine if there is sufficient information for a formal investigation. During a formal investigation, the investigators will take the statements of the complainant(s), respondent(s) and third-party witnesses (if available) and collect any evidence. The report is based on a preponderance of the evidence standard; i.e., more likely than not. During this process, both the complainant(s) and respondent(s) are allowed to designate one individual as their advisor. An advisor can be a friend, family member, counselor, advocate, etc., and is able to provide support and guidance to their advisee. The role of the advisor will be limited to being present and communicating only with their advisee; advisors may not examine witnesses or otherwise actively participate in the process.
Once the report is finalized, the investigators will submit the report to the designated administrator. In cases where the respondent is a student, the designated administrator will determine if there will be a formal hearing by a hearing panel. The hearing panel, made up of faculty, staff and students trained in sexual misconduct case adjudication, is responsible for determining what sanctions, if any, may apply.
REPORTING OPTIONS
All employees (faculty and staff) at Texas A&M University-Kingsville are considered “responsible employees.” “Responsible employees” are required to report any information regarding sexual misconduct (sexual harassment, sexual assault, sexual exploitation, dating violence, domestic violence, and stalking) that they become aware of to the Title IX Coordinator.
Students may report sexual misconduct to a “responsible employee,” to the Title IX Coordinator, to a deputy Title IX Coordinator, to the University Police Department, to
titleix@tamuk.edu, or to the “Report sexual misconduct/harassment” link available on the Texas A&M University-Kingsville homepage:
https://secure.ethicspoint.com/domain/media/en/gui/20501/index.html.
The link on the Texas A&M University – Kingsville homepage also serves as our anonymous reporting option. To report anonymously, leave the reporter’s information blank. However, omitting information may limit the university’s ability to respond to a complaint.
Contact information:
Title IX Coordinator
Tasha Ann Clark, Title IX Coordinator - Lewis Hall 130
361-593-4758 |
tasha.clark@tamuk.edu
Title IX Deputy Coordinators
Kirsten Compary, Dean of Students - Student Union Building 306
361-593-3606 |
kirsten.compary@tamuk.edu
Gina Smith, Director of Residence Life - Lucio Hall Office 119 G
361-593-4648 |
gina.smith@tamuk.edu
Dr. Susan Roberson, Assistant Dean, College of Arts & Sciences - Kleberg Hall 130
361-593-2012 |
susan.roberson@tamuk.edu
Henry Burgos, Executive Director of Human Resources - College Hall 210
361-593-2258 |
henry.burgos@tamuk.edu
Hanna Lantz, Asst. Athletic Director for Academics & Compliance - McCulley Hall 108
361-593-2155 |
hanna.lantz@tamuk.edu
OTHER RESOURCES
University Police Department
361-593-2611 - 24 hours/7 days a week
The Office of the Dean of Students
361-593-3606 - Regular business hours, M–F
TAMUK CONFIDENTIAL RESOURCES
Student Health and Wellness Center and Counseling Services
361-593-3991 - Regular business hours, M–F
OFF CAMPUS CONFIDENTIAL RESOURCES
National Sexual Assault Hotline (RAINN)
1-800-656-4673 - 24 hours/7 days a week
The Purple Door
1-800-580-4878 - 24 hours/7 days a week
INTERIM MEASURES
During the administrative process, both the complainant(s) and respondent(s) may have reasonable interim measures provided to them. Interim measures vary depending on the unique circumstances of each complaint. Possible interim measures may include physical separation, contact limitations, alternative work arrangements, and/or counseling services.
Students may also request transportation assistance to obtain forensic evidence. Forensic evidence must be collected by a Sexual Assault Nurse Examiner (SANE). The nearest hospital with a registered SANE is Doctor’s Regional Hospital.
Sexual Assault Nurse Exam:
Doctor’s Regional Hospital ER
Address: 3315 S. Alameda, Corpus Christi, TX
Phone: 361-761-1000
Evidence collection should be completed within 120 hours of an assault, but fluids, hair samples, and DNA can be collected for a long time thereafter. Clothes that may be used as evidence should be worn to the hospital, stored in a clean paper (not plastic) bag or wrapped in a clean sheet.
SANCTIONS
The hearing panel is responsible for determining what sanctions, if any, apply. Sanctions may vary depending on the severity of the behavior, and will be administered consistent with prior-issued sanctions for similar behavior. Sanctions may include, but are not limited to, required counseling, training obligations, probation, suspension, or expulsion.
APPEALS
Complainant(s) and respondent(s) may appeal the designated administrator’s decision and the sanction(s) imposed by the hearing panel on the following bases, as applicable:
- a procedural error or omission that significantly impacted the outcome,
- new evidence, unknown or unavailable during the investigation, that could have significantly impacted the outcome, or
- the appropriateness or severity of the sanctions.
CONFIDENTIALITY
Texas A&M University – Kingsville is committed to protecting the privacy of individuals, and will work closely with students who wish to obtain confidential assistance regarding an incident of sexual misconduct. The university cannot guarantee complete confidentiality, but it will do everything possible to maintain privacy, and will only share information as needed to address the issue.
Licensed professional counselors at Student Health and Wellness are the only individuals who can provide confidentiality to a complainant. Requests to withhold any name, or a request not to investigate or seek action against the alleged violator, will be considered in the context of the university’s duty to provide a safe and nondiscriminatory work, educational or campus living environment. This may require that the University take actions when the reporter requests no action, such as when violence is involved, when the threat of violence exists, or when required by law, as in the case of elderly, disabled, or child abuse. A request to withhold information or not to investigate the alleged misconduct may limit the university’s ability to respond.
REQUIRED TRAINING
Texas A&M University – Kingsville has partnered with EverFi to offer online training modules on various topics, including Prescription Drug Abuse Prevention, AlcoholEdu, ongoing sexual assault prevention training modules, etc. All students are encouraged to take these trainings, as they contain valuable information. Students may access the training courses on JNet under the Campus Resources tab. Additional information will be provided via student email at the beginning of and throughout each semester.
- All incoming first-semester undergraduate students and new transfer students are required to take a sexual assault prevention course prior to the opening of priority registration for the second semester of their enrollment. Failure to complete this course by priority registration will result in a registration hold.
- As required by the NCAA, all student-athletes are also required to take a sexual assault prevention course for athletes prior to priority registration. Failure to complete this course by priority registration will result in a registration hold.
For more information or if you have questions, please contact the Office of Compliance at (361) 593-4758.
NONDISCRIMINATION NOTICE
Texas A&M University – Kingsville is committed to providing an educational and work environment that is conducive to the personal and professional development of each individual student and employee. It is our firm commitment to ensure that equal employment opportunity, equal treatment, and equal access to programs and activities will be provided to Texas A&M University – Kingsville’s students, employees, prospective employees, and the public. To achieve this goal, discrimination based on a person’s race, color, religion, age, sex, sexual orientation, gender identity, national origin, disability, veteran status or genetic information is strictly prohibited as defined by federal law and state statute. These protections extend to employment and admissions decisions.
