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Title IX

Texas A&M University-Central Texas (TAMUCT) is committed to providing a learning, working and living environment that promotes personal integrity, civility, and mutual respect in an environment free of sexual misconduct and discrimination. Sexual discrimination not only violates an individual's fundamental rights and personal dignity, it is also a violation of federal and state law. TAMUCT considers sexual discrimination in all its forms to be a serious offense. This website is a resource on sexual discrimination for students, faculty, staff and visitors who are part of the TAMUCT community.

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in educational programs and activities that receive federal financial assistance. Sex Discrimination is a behavior or action that denies or limits a person's ability to benefit from, fully participate in educational programs or activities or employment opportunities because of a person's sex. This refers to all forms of sex discrimination, including but not limited to: sexual harassment, sexual misconduct, sexual exploitation, sexual violence, and failure to provide equal opportunity in educational programs and co-curricular programs including athletics, discrimination based on pregnancy, and employment discrimination.

To ensure compliance with Title IX and other federal and state civil rights laws, TAMUCT has developed rules and procedures, followed by System policies that prohibit sex discrimination in all its forms.

Any member of the campus community or public who witnesses, is subjected to, or is informed about incidents of discrimination, sexual harassment, and/or related retaliation should report the incident to the Title IX Coordinator or Designated Official who handles alleged violations perpetrated by students, faculty, staff, and visitors.

Members of the Texas A&M University-Central Texas community, guests and visitors have the right to be free from sexual violence. All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others.

Resource Links

Types of Discrimination

Discrimination: including harassment, is defined as conduct directed at a specific individual or a group of identifiable individuals that subjects the individual or group to treatment that adversely affects their employment or education on account of race, color, sex, religion, national origin, age, disability, citizenship, veteran status, gender identity/expression or sexual orientation.

Harassment: as a form of discrimination, is defined as verbal or physical conduct that is directed at an individual or group because of race, color, sex, religion, national origin, age, disability, citizenship, veteran status, gender identity/expression or sexual orientation when such conduct is sufficiently severe, pervasive or persistent so as to have the purpose or effect of interfering with an individual's or group's academic or work performance; or of creating a hostile academic or work environment. Constitutionally protected expression cannot be considered harassment under this policy.

Sex Discrimination: Behavior or action that denies or limits a person's ability to benefit from, fully participate in educational programs or activities or employment opportunities because of a person's sex. Examples of the types of discrimination that are covered under Title IX include, but are not limited to, sexual misconduct, sexual harassment, sexual violence, failure to provide equal opportunity in educational programs and co-curricular programs including athletics, discrimination based on pregnancy, and employment discrimination.

Sexual Harassment: Is a form of sex discrimination and includes:

  1. Any criminal offense under the Texas Penal Code of a sexual nature, including rape, sexual assault, sexual battery, sexual coercion, or other acts of sexual violence; and
  2. Unwelcome sexual advances, requests for sexual favors, verbal or physical conduct of a sexual nature when:
    1. submission to such conduct is made either explicitly or implicitly a term or condition of employment, student status or participation in TAMUCT activities; or
    2. submission to or rejection of such conduct is used as a basis for evaluation in making personnel or academic decisions affecting that individual; or
    3. such conduct is sufficiently severe or pervasive that it substantially interferes with an individual's education, employment, or participation in TAMUCT activities, or creates an objectively hostile environment; or
    4. such conduct is intentionally directed towards a specific individual and has the effect of unreasonably interfering with that individual's education, employment, or participation in TAMUCT activities.
  3. Conduct can be prohibited sexual harassment regardless of the gender of the complainant or the alleged harasser.
  4. Examples of behavior that could be considered sexual harassment include but are not limited to:
      1. Rape, sexual assault, sexual battery, sexual coercion, or other acts of sexual violence;
      2. Physical contact of a sexual nature including touching, patting, hugging, or brushing against a person's body;
      3. Explicit or implicit propositions or offers to engage in sexual activity;
      4. Comments of a sexual nature including sexually explicit statements, questions, jokes or anecdotes; remarks of a sexual nature about a person's clothing or body; remarks about sexual activity; speculation about sexual experience;
      5. Exposure to sexually oriented graffiti, pictures, posters, or materials; and/or
      6. Physical interference with or restriction of an individual's movements.

Sexual Misconduct: A range of behaviors including sexual harassment, sexual violence, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that (a) is sufficiently severe, persistent, or pervasive to limit a student's ability to participate in or benefit from an education program or to create a hostile or abusive educational environment, or (b) explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.

Gender Discrimination or Gender Harassment: Includes discrimination or verbal/ physical harassment which is based on the person's gender but which is not sexual in nature. TAMUCT's procedures prohibit gender-based harassment, which may include discrimination or sexual misconduct on the basis of sexual orientation, gender identity or gender expression, and harassment or discrimination on the basis of sex-stereotyping.

Title IX Designated Officials

The Title IX Coordinator has primary responsibility for coordinating efforts for investigation, resolution, implementation of corrective measures, and monitoring the educational environment and workplace to stop, remediate, and prevent discrimination on the basis of sex.

To assure University-wide compliance with this procedure and with federal and state law, the Title IX Coordinator must be advised of all reported incidents of discrimination or sexual misconduct and their resolution, regardless of where the complaint is brought, investigated, or resolved. The Designated Official or designee in conjunction with the Title IX Coordinator will investigate allegations of discrimination in consultation with the respondent's supervisor, provided the supervisor is not an alleged perpetrator.

Any member of the University community may report conduct that may constitute sexual harassment/misconduct under this policy. In addition, administrators, faculty, supervisors, managers and other designated employees are responsible for preventing sexual harassment, to correct it when it occurs, and to report it promptly to the Title IX Coordinator designated to review and investigate sexual harassment and complaints regarding discrimination, harassment, abuse, neglect, or exploitation.

Students, faculty, staff, visitors, and applicants for employment or admission should notify the appropriate Designated Official below who handles alleged violations perpetrated by students, faculty, staff, and visitors. Employees and student should also notify their supervisor (if that person is not the suspected offender), but are not required to report alleged violations to a direct supervisor or the alleged offender and may instead notify another supervisor or administrator.

Students

Faculty

Staff/Visitors

For reporting incidents or making inquiries regarding discrimination based on sex, you may contact the Title IX Coordinator and Compliance Officer:

For emergencies call 911, the University Police Department 254-501-5800, or any local law enforcement agency.

Title IX Frequently Asked Questions

Sexual Harassment/Sexual Assault

  1. What is Title IX?
  2. What is sexual violence?
  3. How do I know if I've been sexually assaulted?
  4. How do I know if I've been sexually harassed?
  5. What is a sexually hostile and intimidating work environment?
  6. What should I do if I think I've been sexually harassed or victimized?
  7. Are women the only victims of sexual harassment or sexual violence?
  8. Is it possible to be sexually harassed/assaulted by someone of the same gender?
  9. If I think I've been victimized and I don't feel safe, what can I do?
  10. The definition of sexual assault says it can occur either forcibly (against a person's will) or when a person cannot give consent. What does "when a person cannot give consent" mean?
  11. If an incident of sexual violence occurs off-campus, can the University investigate?
  12. If an incident occurred at a party and I was drinking, will I get in trouble?
  13. Someone has filed a complaint against me, what do I do?
  14. What is the best way to prevent sexual harassment?
  15. What are some examples of sexual harassment?

Reporting

  1. To whom should I report that I've been sexually harassed/assaulted?
  2. I've already gone to the police, so why do I need to go to the Title IX Coordinator?
  3. If I reported being sexually harassed or sexually assaulted to the Title IX Coordinator, do I still need to go to the police?
  4. Will my complaint remain confidential?
  5. What if I want to remain anonymous?
  6. Do I have to identify the alleged perpetrator?
  7. I'm concerned that reporting might make matters worse. Should I still file a complaint?
  8. My friend told me he or she was assaulted. What can I do to help?
  9. Do I have to report to Texas A&M University-Central Texas? Is there someone outside Texas A&M University-Central Texas I can report to?
  10. Where can I find Texas A&M University-Central Texas's Title IX and Civil Rights Complaints Procedures?

Title IX Coordinator

  1. What is a Title IX Coordinator?
  2. Who is the Title IX Coordinator?
  3. Isn't Title IX just about Athletics?

Sexual Harassment/Sexual Assault

  1. What is Title IX?
    The federal law prohibiting sex discrimination in educational institutions is Title IX of the Educational Amendments Act of 1972 (amending the Higher Education Act of 1965). This act is codified as Title 20, United States Code, Chapter 38, Sections 1681-1686. The act was also amended by the Civil Rights Restoration Act of 1987 ("Title IX").

    The law states that "no person in the United States shall on the basis of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance. The amendment in 1987 expanded the definition of program or activity to include all the operations of an educational institution, governmental entity or private employer that receives federal funds.

    Title IX forbids sex discrimination in all university student services and academic programs including, but not limited to, admissions, financial aid, academic advising, housing, athletics, recreational services, college residential life programs, health services, counseling and psychological services, Registrar's office, classroom assignments, grading and discipline. Title IX also forbids discrimination because of sex in employment and recruitment consideration or selection, whether full time or part time, under any education program or activity operated by an institution receiving or benefiting from federal financial assistance ("recipient").
  2. What is sexual violence?
    Sexual violence includes sexual assault, sexual battery and sexual coercion. All such acts are forms of sexual harassment and covered under Title IX.
  3. How do I know if I've been sexually assaulted?
    The Texas Penal Code - Section 22.011 defines sexual assault in several ways. Generally, sexual assault is any unwanted, non-consensual sexual contact against any individual by another. Sexual assault can occur either forcibly (against a person's will) or when a person cannot give consent (under the age of consent, intoxicated, developmentally disabled, mentally/physically unable to consent, etc.). Sexual assault is a general term which covers a range of crimes, including rape. As defined under Texas law, rape is non-consensual sexual intercourse that involves the use of threat of force, violence, or immediate and unlawful bodily injury or threats of future retaliation and duress. Sexual intercourse is considered non-consensual and, therefore, rape when the person is incapable of giving consent because s/he is incapacitated from alcohol and/or drugs, or if a mental disorder or developmental or physical disability renders the victim incapable of giving consent. Whether the accused is a stranger, acquaintance, spouse, or friend is irrelevant to the legal definition of rape.

    Beside rape, other acts of sexual assault include forced anal intercourse, forced oral copulation, penetration of the anal or vaginal area with a foreign object, and forcibly touching an intimate part of another person. Men as well as women can be victims of these other forms of sexual assault. If a student, staff person, member of the faculty or other academic appointee is charged with rape; s/he can be prosecuted under Texas criminal statutes, as well as disciplined under appropriate discipline procedures. Even if the criminal justice authorities choose not to prosecute, the campus can pursue disciplinary action and the complainant can file a civil suit. In addition to rape, as defined by Texas law, the University will not tolerate any non-consensual penetration, however slight, or non-consensual fellatio or cunnilingus, and will take appropriate action when such acts are reported.

    To be consensual, there must be ". . . positive cooperation" and "the person must act freely and voluntarily . . ."
  4. How do I know if I've been sexually harassed?
    The Texas A&M University System defines Sexual Harassment as a form of sex discrimination. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct is so frequent or severe that it explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work or educational performance, or creates an intimidating, hostile or offensive work environment. It is Sexual Harassment when:

    • Submission to such conduct is made either explicitly or implicitly a term or condition of instruction, employment, or participation in any University activity;
    • Submission to or rejection of such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions affecting an individual;
    • Such conduct has the purpose or effect of unreasonably interfering with an individual's performance or creating an intimidating, hostile, or offensive university environment.

    In determining whether the alleged conduct constitutes sexual harassment, consideration shall be given to the record as a whole and to the totality of circumstances, including the nature and frequency of the conduct and the context in which the alleged incidents occurred. Sexual harassment may be distinguished from sexist attitudes in that sexual harassment is sexual in content and behavioral, rather than attitudinal.

    It is not unlawful to hold sexist attitudes, as long as they are not translated into discriminatory treatment. Harassment by someone with the power to affect your employment or academic relationship includes situations in which any person with institutional authority explicitly threatens negative consequences, or promises positive consequences, as a means of securing acquiescence to unwelcome sexual behavior. While such explicit conditioning of academic or employment benefits upon acceptance of sexual advances may be rare, supervisors, instructors, and others with institutional authority should be aware that in some circumstances, a student or employee may feel that tolerating unwelcome behavior of a sexual nature is the tacit price s/he must pay in order to receive the services and benefits to which s/he is entitled. Such behavior is a violation of the Texas A&M University System's Regulation on Civil Rights Compliance (08.01.01) and Texas A&M University-Central Texas's Civil Rights Complaint Procedure (08.01.01.D2).
  5. What is a sexually hostile and intimidating work environment?
    Whereas this type of harassment can be perpetrated only by a person with institutional authority, a sexually hostile and intimidating environment may be created by the actions of instructors, supervisors, subordinates, or peers.

    Behaviors that may contribute to a hostile environment include, but are not limited to:
    verbal, non-verbal, and physical sexual behaviors

    • coerced sex
    • sexual jokes and innuendoes
    • remarks about a person's body
    • turning discussions inappropriately to sexual topics
    • whistling or cat calls
    • looking a person up and down or staring in a sexually suggestive manner
    • invading someone's personal space or blocking her/his path
    • sexually explicit visuals such as pin-ups
    • suggestions of sexual intimacy
    • repeated requests for dates
    • unwanted letters, electronic mail or other computer communications
    • unwanted gifts
    • touching, hugging, massaging, and other gestures or sounds that a reasonable person of the same sex as the recipient would find offensive

    It is important to be aware that in many instances, the intentions of the accused may be regarded as irrelevant in determining whether her/his behaviors constitute sexual harassment; it is the effect of the behavior on the recipient that may define a hostile environment.
  6. What should I do if I think I've been sexually harassed or victimized?
    If you are a Texas A&M University-Central Texas student or a non-faculty employee: Talk to your supervisor, the Director of Human Resources (519-8016), the Title IX Coordinator (519-5722), the University Police Department (501-5800), the Director of Student Affairs (519-5748), a professor you trust, a person at the University, a friend, or a counselor at Student Counseling Services Center (519-5403).

    If you are a faculty employee: Talk to your department head, the Provost/Vice President for Academic & Student Affairs, the Director of Human Resources (519-8016), the Title IX Coordinator (519-5722), or the University Police Department (501-5800).
  7. Are women the only victims of sexual harassment or sexual violence?
    No, both females and males can be victims of sexual harassment and/or sexual violence.
  8. Is it possible to be sexually harassed/assaulted by someone of the same gender?
    Yes. If you have been subjected to unwanted sexual contact or sexual harassment, your gender and the gender of the alleged perpetrator are irrelevant. Such conduct is prohibited by Title IX and Texas A&M University-Central Texas.
  9. If I think I've been victimized and I don't feel safe, what can I do?
    Find a safe place away from the assailant and call 911. The Title IX Coordinator also can coordinate other assistance including no contact orders, escort services, relocation of the individuals involved, and reassignment of schedules if the victim and the accused have similar schedules.
  10. The definition of sexual assault says it can occur either forcibly (against a person's will) or when a person cannot give consent. What does "when a person cannot give consent" mean?
    In certain situations, a person does not have the capacity to agree to participate in consensual sex. Examples include individuals who are under the age of consent, intoxicated, developmentally disabled, mentally/physically unable to consent, etc. Anyone engaging in sexual contact with someone who is unable to give consent may be committing sexual assault.
  11. If an incident of sexual violence occurs off-campus, can the University investigate?
    Yes, if the incident has sufficient ties to Texas A&M University-Central Texas (if it occurs at an A&M-Central Texas event, if it involves an A&M-Central Texas student, staff member or faculty member, etc.) then A&M-Central Texas can investigate and provide resolution.
  12. If an incident occurred at a party and I was drinking, will I get in trouble?
    Texas A&M University-Central Texas's priority is to prevent sexual harassment and sexual violence. While the specifics of the situation will be considered, A&M-Central Texas's primary focus will be to address the sexual harassment or violence. Texas A&M University-Central Texas does not want the involvement of alcohol or drugs to prevent the reporting of such serious misconduct. Also, the use of alcohol or drugs will not excuse sexual violence or harassment.
  13. Someone has filed a complaint against me, what do I do?
    If the behavior is brought to your attention, apologize; ask for a description of what was offensive and who found it offensive. Consider the following actions:
    • If you realize that you have been inappropriate, apologize as soon as possible.
    • Change your behavior.
    • Recognize that other steps may need to be taken.
    • Be careful of inappropriate advice that would lead you to minimize or ignore this issue.
    • Seek the advice of appropriate University resources.
    • Attend sexual harassment training.
    • Know the policy on sexual harassment.
  14. What is the best way to prevent sexual harassment?
    Know your rights. Members of our university community have the right to work and learn in an environment that is free from verbal or physical sexual conduct which might either interfere with an individual's performance, or create a work or educational climate that is hostile, intimidating, or offensive, whether that conduct originates with an instructor, a supervisor, or a peer.
  15. What are some examples of sexual harassment?
    Sexual harassment is conduct that is unwelcome or uninvited. Examples include (not exhaustive):
    • verbal, non-verbal, and physical sexual behaviors;
    • coerced sex; sexual jokes and innuendoes;
    • remarks about a person's body;
    • turning discussions inappropriately to sexual topics;
    • whistling or cat calls; looking a person up and down or staring in a sexually suggestive manner;
    • invading someone's personal space or blocking her/his path;
    • sexually explicit visuals such as pin-ups;
    • suggestions of sexual intimacy;
    • repeated requests for dates; unwanted letters, electronic mail or other computer communications;
    • unwanted gifts;
    • touching, hugging, massaging, and other gestures or sounds that a reasonable person of the same sex as the recipient would find offensive.

Reporting

  1. To whom should I report that I've been sexually harassed/assaulted?
    Sexual harassment and acts of sexual violence should be reported to the Title IX Coordinator and/or to the Texas A&M-Central Texas University Police.
  2. I've already gone to the police, so why do I need to go to the Title IX Coordinator?
    Sexual harassment and sexual violence are potential crimes but they also are violations of Title IX, Texas A&M-Central Texas and A&M System policy. Sometimes, specific conduct may not constitute a crime, but it still constitutes a violation of Title IX, Texas A&M-Central Texas and A&M System policy. Texas A&M-Central Texas is committed to addressing and preventing sexual harassment and sexual violence, regardless of whether such activity constitutes a crime.
  3. If I reported being sexually harassed or sexually assaulted to the Title IX Coordinator, do I still need to go to the police?
    If you believe you have been sexually assaulted or a victim of any other crime, then you should contact Texas A&M-Central Texas University Police.
  4. Will my complaint remain confidential?
    Any person needing assistance about sexual assault, sexual harassment, or other Title IX/Civil Rights concerns may call or make an appointment with the Title IX Coordinator. You will not be required to give your name or anyone else's name to receive information and advice on your options and referrals. Resources are available for advice and information regarding reports of sexual harassment or sexual assault that are totally confidential. An example of a confidential resource includes counselors in the Student Counseling Service Center. Individuals who consult confidential resources must be advised that their discussions in these settings will not be considered reports of sexual harassment and will not, without additional action by the individual, result in any action by the University to resolve their concerns.

    Procedures provide for protecting the privacy of individuals involved in a report of sexual harassment to the extent allowed by law and University policy. A report of sexual harassment may result in the gathering of extremely sensitive information about individuals in the University community. While such information is considered confidential, University policy regarding access to public records and disclosure of personal information may require disclosure of certain information regarding a report of sexual harassment. In such cases, every effort will be made to redact the records in order to protect the privacy of individuals.

    Individuals wishing to make reports of sexual harassment must understand that certain University employees, such as the Title IX Coordinator, managers, supervisors, and other designated employees responsible for reporting or responding to reports of sexual harassment, have an obligation to respond to reports of sexual harassment, even if the individual making the report requests that no action be taken. The expressed wishes of individuals regarding the confidentiality of reports of sexual harassment will be considered in determining an appropriate response; however, such wishes will be considered in the context of the University's legal obligation to ensure a working and learning environment free from sexual harassment and the due process rights of the accused to be informed of the allegations and their source. Some level of disclosure may be necessary to ensure a complete and fair investigation, although requests for confidentiality will be maintained to the extent possible.
  5. What if I want to remain anonymous?
    Your confidentiality will be protected to the maximum extent possible, but anonymity may hinder an investigation into your complaint.
  6. Do I have to identify the alleged perpetrator?
    Yes, in order to conduct a thorough investigation, the alleged perpetrator must be identified.
  7. I'm concerned that reporting might make matters worse. Should I still file a complaint?
    Yes. If you have concerns for your safety, Texas A&M-Central Texas can provide escort services and take other steps to assist you. In addition, A&M-Central Texas has a strong retaliation policy that is aggressively enforced if a complainant or a witness is retaliated against for participating in a Title IX investigation.
  8. My friend told me he or she was assaulted. What can I do to help?
    Be supportive – listen to what she or he has to say then encourage your friend to report the incident to the police or to the Title IX Coordinator. You should also consider reporting the incident yourself. You may also suggest that they contact Texas A&M-Central Texas's Counseling Services.
  9. Do I have to report to Texas A&M-Central Texas? Is there someone outside Texas A&M-Central Texas I can report to?
    You also can report to the Department of Education's Office of Civil Rights. However, Texas A&M-Central Texas is committed to addressing and preventing sexual harassment and sexual violence, and A&M-Central Texas is best able to do that when it is made aware of possible violations.
  10. Where can I find Texas A&M-Central Texas's Title IX and Civil Rights Complaints Procedures?
    The Compliance section of Texas A&M-Central Texas's website includes information pertaining to Title IX and the Civil Rights Complaint Procedure (08.01.01.D2). If you can't find the information you're looking for on the website, please contact the Director of Human Resources at 519-8016 or the Title IX Coordinator, at 519-5722, or compliance@tamuct.edu.

Title IX Coordinator

  1. What is a Title IX Coordinator?
    The Title IX Coordinator is the university official responsible for ensuring Texas A&M-Central Texas complies with Title IX, including responding to and investigating all complaints of gender discrimination (including sexual harassment and sexual violence) at A&M-Central Texas.
  2. Who is the Title IX Coordinator?
  3. Isn't Title IX just about Athletics?
    No, not entirely. Title IX addresses discrimination based on sex/gender. Title IX considers sexual harassment as a form of sex/gender discrimination and it requires that all incidents of sexual harassment be viewed as discrimination and be investigated.