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Sexual Harassment/Assault Information
SEXUAL HARASSMENT/ASSAULT
It is the policy of the Texas Woman's University that no member of the
University community
may sexually harass another. Any employee or student will be subject to
disciplinary action
for violation of this policy.
Unwelcome sexual advances, requests for sexual favors, and other verbal
or physical conduct
of a sexual nature constitute sexual harassment when:
- Submission to such conduct is made,either explicitly or implicitly, a
term or
condition of an individual's employment or education;
- Submission to or rejection of such conduct by an individual is used
as the basis for employment
or academic decision affecting that individual;
- Such conduct has the purpose or effect of substantially interfering
with an
individual's professional or academic performance or creating an
intimidating,
hostile or offensive employment, education, or living environment.
Sexual harassment is illegal under Title VII of the Civil Rights Acts of 1964 and Title IX of the Educational Amendments Act of 1972. In some cases, sexual harassment may be subject to prosecution under the criminal sexual conduct law. All complaints concerning matters of sexual harassment will originate with the EEO/Affirmative Action officer. If a person wishes to file a complaint of sexual harassment, the complaint must be filed within 60 days following an incident. The full text of this policy is available from the Department of Human Resources and the Office of Student Life.
Sexual Assault is a felony under the criminal laws of the State of Texas
and will not be
tolerated at Texas Woman's University. Any such act committed by a Texas
Woman's
University Student is a violation of the Student Code of Conduct and
subject to
disciplinary action.
Texas Woman's University is committed to providing an educational
atmosphere in which students
can achieve their goals and maximum potential. When students experience
sexual assault,
the sense of safety and trust is violated. This violation can seriously
interere with personal
lives and educational goals. Thus, the University is committed to
establishing rules and
procedures that are responsive to victims of sexual assault.
According to Texas Woman's University Student Code of Conduct, sexual
assault is defined as:
The oral, anal, or vaginal penetration by a sexual organ of another or
oral/anal/vaginal penetration
by any means against the victim's will or without his/her consent. An
individual who is mentally
incapacitated, unconscious, or unaware that the sexual assault is
occurring is considered unable
to give consent. The type of force employed may involve physical
violence or force, coercion,
intentional impairment of an individual's ability to appraise the
situation through the
administering of any substance, or threat of harm to a victim.
While the Texas Woman's University community prides itself on its very low incidence of sexual assault, compared to state-wide statistics, students on a university campus are always potential victims of sexual assault. While most sexual assault victims are women, men may also be victims. In Texas, a sexual assault is committed about once every hour.
To reduce your risk of sexual assault you must be aware, prepared, and informed.
DEFINING SEXUAL ASSAULT
Sexual assault is a crime of violence, not a crime of passion. All crimes have two components: motive and opportunity. Sexual assault crimes motives usually involve dominance or control, rather than sexual gratification. Motive is in the mind of the offender. Since we cannot know the mind of others, we must concentrate on removing opportunities for crime. Opportunity for sexual assaults varies depending upon the crime.
Most victims of sexual assaults know their perpetrators. However, the most dangerous offenders seem to randomly choose their victims. Perpetrators of sexual assault have no regard for others and seek to fulfill their desires and feed their egos. Victims are chosen because of their vulnerability. Usually, age, race, and physical appearance DO NOT matter to the perpetrator.
There is no "typical" perpetrator. They come from all economic, social, and ethnic backgrounds. Friends, acquaintances or dates may have the potential to harm you. Most sexual assaults are committed by someone the victim knows – a date, a co-worker, a supervisor, an ex-partner, a family member, a neighbor. Many perpetrators are married or have sexual partners. At the same time, a significant number of perpetrators don’t know the victim they assault. The may observe a potential victim and plan the assault, or choose victims randomly. Many sexual assaults are committed by teenagers and young men, but, people of all ages commit sexual assaults.
Legal Definitions of Sexual Assault
The State of Texas Penal Code Chapter 22, Section 22.011 defines sexual assault this way:
§ 22.011. Sexual Assault
(a) A person commits an offense if the person:
(1) intentionally or knowingly:
(A) causes the penetration of the anus or female sexual organ of another person by any means, without that person's consent;
(B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or
(C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or
(2) intentionally or knowingly:
(A) causes the penetration of the anus or female sexual organ of a child by any means;
(B) causes the penetration of the mouth of a child by the sexual organ of the actor;
(C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(E) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.
(b) A sexual assault under Subsection (a)(1) is without the consent of the other person if:
(1) the actor compels the other person to submit or participate by the use of physical force or violence;
(2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat;
(3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;
(4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;
(5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;
(6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge;
(7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;
(8) the actor is a public servant who coerces the other person to submit or participate;
(9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor; or
(10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser.
(c) In this section:
(1) "Child" means a person younger than 17 years of age who is not the spouse of the actor.
(2) "Spouse" means a person who is legally married to another.
(3) "Health care services provider" means:
(A) a physician licensed under the Medical Practice Act (Article 4495b, Vernon's Texas Civil Statutes);
(B) a chiropractor licensed under Chapter 94, Acts of the 51st Legislature, Regular Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes);
(C) a licensed vocational nurse licensed under Chapter 118, Acts of the 52nd Legislature, 1951 (Article 4528c, Vernon's Texas Civil Statutes);
(D) a physical therapist licensed under Chapter 836, Acts of the 62nd Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas Civil Statutes);
(E) a physician assistant licensed under the Physician Assistant Licensing Act (Article 4495b–1, Vernon's Texas Civil Statutes); or
(F) a registered nurse or an advanced practice nurse licensed under Chapter 7, Title 71, Revised Statutes.
(4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a:
(A) licensed social worker as defined by Section 50.001, Human Resources Code;
(B) chemical dependency counselor as defined by Section 1, Chapter 635, Acts of the 72nd Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas Civil Statutes);
(C) licensed professional counselor as defined by Section 2, Licensed Professional Counselor Act (Article 4512g, Vernon's Texas Civil Statutes);
(D) licensed marriage and family therapist as defined by Section 2, Licensed Marriage and Family Therapist Act (Article 4512c–1, Vernon's Texas Civil Statutes);
(E) member of the clergy;
(F) psychologist offering psychological services as defined by Section 2, Psychologists' Licensing Act (Article 4512c, Vernon's Texas Civil Statutes); or
(G) special officer for mental health assignment certified under Section 415.037, Government Code.
(d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party.
(e) It is an affirmative defense to prosecution under Subsection (a)(2) that:
(1) the actor was not more than three years older than the victim and at the time of the offense:
(A) was not required under Chapter 62, Code of Criminal Procedure, as added by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997, to register for life as a sex offender; or
(B) was not a person who under Chapter 62 had a reportable conviction or adjudication for an offense under this section; and
(2) the victim was a child of 14 years of age or older
.
(f) An offense under this section is a felony of the second degree.
Added by Acts 1983, 68th Leg., p. 5312, ch. 977, § 3, eff. Sept. 1, 1983. Amended by Acts 1985, 69th Leg., ch. 557, § 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 1029, § 1, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 662, § 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
Amended by Acts 1995, 74th Leg., ch. 273, § 1, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 318, §6, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1031, §§ 1, 2, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1286, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1102, § 3, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1415, § 24, eff. Sept. 1, 1999.
The Texas Penal Code Chapter 22, Section 22.021 defines Aggravated Sexual Assault this way:
§ 22.021. Aggravated Sexual Assault
(a) A person commits an offense:
(1) if the person:
(A) intentionally or knowingly:
(i) causes the penetration of the anus or female sexual organ of another person by any means, without that person's consent;
(ii) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or
(iii) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or
(B) intentionally or knowingly:
(i) causes the penetration of the anus or female sexual organ of a child by any means;
(ii) causes the penetration of the mouth of a child by the sexual organ of the actor;
(iii) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
(iv) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
(v) causes the mouth of a child to contact the anus or sexual organ of another person, including the actor; and
(2) if:
(A) the person:
(i) causes serious bodily injury or attempts to cause the death of the victim or another person in the course of the same criminal episode;
(ii) by acts or words places the victim in fear that death, serious bodily injury, or kidnapping will be imminently inflicted on any person;
(iii) by acts or words occurring in the presence of the victim threatens to cause the death, serious bodily injury, or kidnapping of any person;
(iv) uses or exhibits a deadly weapon in the course of the same criminal episode;
(v) acts in concert with another who engages in conduct described by Subdivision (1) directed toward the same victim and occurring during the course of the same criminal episode; or
(vi) administers or provides flunitrazepam, otherwise known as rohypnol, or gamma hydroxybutyrate to the victim of the offense with the intent of facilitating the commission of the offense;
(B) the victim is younger than 14 years of age; or
(C) the victim is 65 years of age or older.
(b) In this section, "child" has the meaning assigned that term by Section 22.011(c).
(c) An aggravated sexual assault under this section is without the consent of the other person if the aggravated sexual assault occurs under the same circumstances listed in Section 22.011(b).
(d) The defense provided by Section 22.011(d) applies to this section.
(e) An offense under this section is a felony of the first degree.
Added by Acts 1983, 68th Leg., p. 5312, ch. 977, § 3, eff. Sept. 1, 1983. Amended by Acts 1987, 70th Leg., ch. 573, § 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., 2nd C.S., ch. 16, § 1, eff. Sept. 1, 1987; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
Amended by Acts 1995, 74th Leg., ch. 318, § 7, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1286, §2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 417, § 1, eff. Sept. 1, 1999.
REDUCING THE RISK OF SEXUAL ASSAULT
Reducing the risk of becoming a victim of sexual assault requires a variety of behaviors on your part. While using the suggestions below may not completely prevent a sexual assault, following these guidelines can help you be safer.
SAFETY AT HOME
- Light all entrances to your home. Leave lights on when you are out and have your keys ready when you return.
- Keep all your doors and windows locked at all times, even in the residence halls. At home, install and use sturdy locks. If you lose your key(s), replace your lock immediately.
- Keep your keys safe. Don’t loan them to anyone. Don’t leave your keys lying around in your room or home. If your keys are lost or stolen, report it to the police immediately.
- If you are living alone, use only your initials on mail boxes and in telephone listings.
- Vary your daily routine, if possible, so it is not predictable.
- Don’t enter our home or room if it looks like it has been broken into.
SAFETY AND DRIVING
- Keep the car doors locked at all times, even when making short trips or short stops.
- Avoid isolated or poorly lit parking spots.
- Have your keys ready; they can be used as a weapon to jab at an attacker.
- Check the back seat just before getting into your car.
- If your car breaks down, lock the doors, stay inside, and ask anyone who stops to call the police or a towing service. Never get into a stranger’s car.
SAFETY AND WALKING
- Avoid walking alone. Walk with someone, or walk in areas near other people. The university’s Department of Public Safety provides an escort service on campus at any time.
- Do not hitchhike! There is usually someone you know in the residence halls, or a friend who can give you a ride.
- Avoid shortcuts through parks, vacant lots, and other deserted places.
- Be aware of your surrounding. Look to see if someone is following you.
IF YOU ARE ATTACKED
Go with your best instincts and react quickly. There is no single best way to react. Your greatest chance for escape is usually during initial contact. Depending on your situation, you may choose to run or scream for help (especially if you are near other people) – kick, hit, bite, scratch, etc. These actions may help you escape, but you must also be aware that they could lead to further harm.
Use your own judgment concerning the degree of physical resistance you want to offer.
A course in self-defense, offered by the TWU Department of Public Safety, can help you think clearly and react quickly. It can also help identify your strengths and limits. Information about this course can be found at:
www.twu.edu/dps/sharp.html.
"DATE RAPE"
"Date rape" is the act of forced sex on a date. The perpetrator could be anyone you go out with: an acquaintance, classmate, co-worker, neighbor, or partner. Be concerned about sexual assaults that occur on dates because this is a serious crime. Many times, these assaults are committed by a seemingly "nice" person whom the victim knows well.
AVOIDING "DATE RAPE"
Only the perpetrator can put an end to sexual assault. However, here are some practical steps you can take to help you protect yourself against sexual assaults in dating situations:
- Express clearly what you want and what you do not want. Make your limits known before your enter a relationship.
- Avoid secluded places. Stay away from isolated locations such as parks or deserted areas. Suggest a public meeting place. The less you know someone, the more public the meeting place should be. Blind dates and dates created from a distance (e.g. meeting people on-line) should always occur in public places.
v Be aware of alcohol and other drugs. It is much harder for you to control yourself or others in a situation if you are under the influence of any substance. Be aware of how much your date drinks. Be "response-able".
IF YOU ARE SEXUALLY ASSAULTED
REPORT THE ASSAULT IMMEDIATELY TO THE POLICE. You are not obligated to file charges if you report a sexual assault. However, if you decide to file charges, there are certain steps you can take to increase your chance of convicting a perpetrator of sexual assault:
- Do not change clothes, bathe, or douche. Bring a change of clothes with you to the police department or hospital emergency room.
- Remember all the detail you can about the assault. A trained investigator will take a detailed statement about the incident. Every detail is important in convicting a perpetrator.
- Being drunk or under the influence of drugs is not an excuse for the perpetrator to commit sexual assault.
- Being drunk or under the influence of drugs does not preclude you from reporting a sexual assault.
- You may report a sexual assault to the TWU Department of Public Safety:
| Denton DPS |
940-898-2911 |
| Dallas Parkland DPS |
214-689-6666 |
| Dallas Presbyterian DPS |
972-703-2333 |
| Houston DPS |
713-794-2222 |
- If you live off campus, you may report a sexual assault to your local police department.
- During the immediate reporting process, you can ask the police department to contact your local sexual assault crisis center. The crisis center will provide you with an advocate who will help you through the legal and medical processes and help you afterwards with on-going support and counseling.
WHAT TO EXPECT AT THE HOSPITAL
In the hospital, you will be asked for information pertinent to the assault and to your health. You will be given necessary emergency room treatment. If you choose to file charges, you will be given a special rape examination, administered by a qualified examiner, and it will be paid for by your local law enforcement agency. If you choose not to file charges, you should still have a medical check-up including vaginal and/or anal examination. It is also important to be tested for venereal diseases, HIV, and pregnancy. Compensation for hospital expenses above the cost of the rape examination may by possible through the Texas Crime Victim Compensation Program (http://www.oag.state.tx.us/victims/cvc.shtml, 800-983-9933).
WHAT TO EXPECT FROM LAW ENFORCEMENT INTERVENTION
The police/sheriff will want an initial report as soon as possible to increase the possibility of catching the perpetrator. They will collect evidence and ask questions necessary for the investigation. Within a few days of the assault, you should be interviewed and asked to give a more detailed statement. Additional information may be requested from time-to-time during the investigation.
WHAT TO EXPECT FROM THE DISTRICT ATTORNEY
When a law enforcement agency files your case with the District Attorney’s office, that office is responsible for presenting it to the Grand Jury. If an indictment is handed down, the case should be set for trial. In Denton County, Victim Assistance can provide you information about your case and further inform you of rights to compensation. A Victim’s Assistance Coordinator can be reached at the District Attorney’s office and at the Sheriff’s Department. Other counties will have similar services.
WHAT TO EXPECT OF YOURSELF
A sexual assault causes emotional, as well as, physical injury and both require time for healing. The trauma associated with sexual assault includes many different feelings and thoughts. Recovery is not an easy process, but it can be achieved with courage and support. Remember that the reactions you have are normal reactions to a violent and frightening experience. These reactions may include:
- Shock/Numbness: Loss of normal functioning, not knowing what to do.
- Shame/Humiliation: Feelings of personal violation and degradation.
- Confusion/Memory Loss: Events may not be clear, memory can be temporarily be blocked or incomplete.
- Fear: That the perpetrator may come back and find you, or that you will never be safe again.
- Anger: Both at the perpetrator and at the world in general.
- Guilt: Thinking that somehow the assault was your fault, you should have done something differently.
- Dirty: Feeling damaged, finding yourself wanting to shower or bathe often.
- Powerless/Helpless: Feeling that you have no control over your body or your life.
- Distrust: Feeling unable to trust those around you, being nervous and suspicious.
- Sexual Fears: Feeling that you want to stop sexual relations and intimacy with significant others, that you will never be able to enjoy sexual relations.
Many survivors experience these and other reactions that disrupt their intimate relations, work, and sleeping and eating. There is a sense of "not being yourself", of others not understanding. Please remember that it can get better, over time, with counseling and support.
SERVICES AVAILABLE TO YOU
Victims of sexual assault will experience trauma and are encouraged to seek counseling and support. TWU students may receive free counseling from the TWU Counseling Center. The Counseling Center has staff at every campus:
The TWU Counseling Center can provide immediate services through their crisis counseling services and through their regular counseling services. During normal office hours, call:
| Denton |
West Jones Hall |
940-898-3801 |
| Dallas Parkland |
Room 120 |
214-689-6655 |
| Dallas Presbyterian |
Room 16 |
214-689-6655 |
| Houston |
North Residence Hall |
713-794-2059 |
After hours, the on-call counselor can be reached by calling the TWU Department of Public Safety at your campus and asking to speak with the counselor on call.
| Denton DPS |
940-898-2911 |
| Dallas Parkland DPS |
214-689-6666 |
| Dallas Presbyterian DPS |
972-703-2333 |
| Houston DPS |
713-794-2222 |
You may wish to receive services directly from a local sexual assault care center. Each of the phone numbers listed below is a 24-hour crisis/service line.
| In Denton County |
Friends of the Family |
(800) 572-4031 |
| In Dallas County |
Rape Crisis Center |
(214) 590-0430 |
| In Tarrant County |
Women’s Center |
(817) 927-2737 |
| In Harris County |
Women’s Center |
(800) 256-0661 |
| In Cooke County |
Friends of the Family |
(940) 665-2873 |
In addition, more information about community services, rights, and legal issues can be found at these two sites:
Texas Attorney General’s Office of Sexual Assault Prevention and Crisis Services,
www.oag.state.tx.us/victims/sapcs_progs.shtml,
(512) 936-1270.
Texas Association Against Sexual Assault,
www.taasa.org, (512) 474-7190.
The TWU Counseling Center web site is:
www.twu.edu/o-sl/counseling
The TWU Department of Public Safety web site is:
www.twu.edu/dps
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