Policies and Definitions

Policy Against Discrimination or Harassment

The University of Mary Hardin-Baylor does not unlawfully discriminate in admissions or any of its programs or activities on the basis of race, color, national or ethnic origin, sex, age, or disability. The university reserves the right to take its religious convictions and principles into account in connection with its policies and decisions.

The University strives to create a campus environment that is free of unlawful discrimination and harassment for all of its students and employees. Students who violate the university’s discrimination and harassment policies are subject to disciplinary sanctions up to and including expulsion and/or termination of student employment status, and may be subject to criminal charges.

On and Off-Campus Conduct: Students and employees are expected to comply with the university’s policies that prohibit unlawful discrimination, including sexual harassment, gender harassment, sexual misconduct, sexual assault, and stalking whether on or off campus. Any student who witnesses or experiences such conduct on campus or off-campus by someone who is a member of the university community is encouraged to report the matter as described on the section about Reporting.

Harassment

Harassment is verbal or physical conduct by any individual which creates an intimidating, offensive, or hostile environment. If harassment involves age, race, color, sex, gender, disability, national origin, or religion, it may be a form of illegal discrimination. Harassment is contrary to the Christian standards of conduct expected of all members of the university community. The university strictly prohibits harassment directed at any student, employee, or visitor to UMHB whether or not that conduct is illegal in the eyes of the law.

Examples of harassment include:

• Communicating verbally or non-verbally, through any medium of communication, offensive or degrading jokes, comments or gestures to, about, or in the presence of another person
• Degrading jokes, comments or gestures to, about or in the presence of another person
• Using abusive language or directing abusive conduct toward a particular person or group
• Communicating rumors, defamatory statements or inflammatory comments, verbally or non-verbally, through any medium of communication concerning a particular person or group
• Harassment, including verbal and nonverbal behaviors that convey insulting, hostile and degrading attitudes about persons based on their gender
• Bullying (any kind of conduct, speech, gesture, communication or other act which causes or is intended to cause one to suffer fear of physical harm, alarm, intimidation, humiliation or embarrassment, or which creates a hostile environment). Bullying can be a form of unlawful harassment. Whether the conduct is illegal or not, bullying is prohibited by the university.
• Sexual harassment, including sexual violence (see below for more information)
• Retaliation for having reported the harassment

More about Sexual Harassment and Sexual Violence “Sexual harassment” is unwelcome conduct of a sexual nature.

One kind of sexual harassment occurs when decisions about a student’s grades, educational opportunities, or university employment depend on the student’s response to sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature. At other times sexual harassment may create an environment which is hostile to education or university employment. Sexual harassment creates a hostile environment whenever it is sufficiently severe or pervasive to interfere with a person’s work or educational performance or to deny or limit a student’s ability to participate in or benefit from the university’s programs, benefits, services, or opportunities. Even a single instance may be sufficient to constitute a hostile environment (for example, in the case of a sexual assault). Sexual harassment is defined by the perception of the person who feels harassed: does it involve sexual conduct unwelcome to that person? Conduct can be sexual harassment whether or not any sexual harassment or hostile feelings were intended.

Examples of Sexual Harassment Sexual harassment may take many forms, including but not limited to:

• Verbal conduct such as epithets, derogatory comments, slurs or unwanted sexual advances, invitations or comments. Other examples include such conduct as persistent, unwanted sexual or romantic attention; discussing or rating another’s sexual attributes, attractiveness, or clothing; or asking or commenting about someone's sexuality or sex life.
• Visual/electronic conduct such as derogatory posters, cartoons, calendars, drawings, pictures, or text, whether disseminated through hard copy or electronically through e-mail, internet, or other mediums.
• Physical conduct such as unnecessary touching, patting, hugging or brushing against another’s body; assault; blocking normal movement; or interference with work that is sexual in nature and directed at an individual because of his/her gender.
• Threats and demands to submit to sexual requests in order to keep a job, or academic status, or to avoid some other loss, and offers of job benefits or academic opportunity in return for sexual favors.

Sexual Violence: Sexual Assault, Dating Violence, Domestic Violence, and Stalking

Sexual violence refers to a broad range of physical sexual acts perpetrated without a person’s consent, including where a person is incapable of giving consent due to an intellectual or other disability or to the victim’s use of drugs or alcohol. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion. As well as being serious violations of the university’s code of student conduct, dating violence, domestic violence, sexual assault, and stalking are crimes under Texas law.

Sexual Assault
A person commits the offense of “sexual assault” if the person:

1. intentionally or knowingly:
   1. causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;
   2. causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or
   3. 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:
   1. causes the penetration of the anus or sexual organ of a child by any means;
   2. causes the penetration of the mouth of a child by the sexual organ of the actor;
   3. causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
   4. causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
   5. causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. (V.T.C.A., Penal Code § 22.011)

Fondling, which is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, is also considered by the University to be a sexual assault.

Dating Violence
“Dating violence” means an act, other than a defensive measure to protect oneself, by an actor that:

1. is committed against a victim:
   1. with whom the actor has or has had a dating relationship; or
   2. because of the victim's marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage; and
2. is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim in fear of imminent physical harm, bodily injury, assault, or sexual assault.

A “dating relationship” means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship is determined based on consideration of:

1. the length of the relationship;
2. the nature of the relationship; and
3. the frequency and type of interaction between the persons involved in the relationship. (V.T.C.A., Family Code § 71.0021 )

Domestic Violence
“Domestic violence,” also known as “family violence,” means:

1. an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
2. abuse, as that term is defined by Sections 261.001(1)(C), (E), and (G), by a member of a family or household toward a child of the family or household; or
3. dating violence. (V.T.C.A., Family Code § 71.004)

Stalking
A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct that:

1. constitutes an offense under Section 42.07, or that the actor knows or reasonably should know the other person will regard as threatening:
   1. bodily injury or death for the other person;
   2. bodily injury or death for a member of the other person's family or household or for an individual with whom the other person has a dating relationship; or
   3. that an offense will be committed against the other person's property;
2. causes the other person, a member of the other person's family or household, or an individual with whom the other person has a dating relationship to be placed in fear of bodily injury or death or in fear that an offense will be committed against the other person's property, or to feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended; and
3. would cause a reasonable person to:
   1. fear bodily injury or death for himself or herself;
   2. fear bodily injury or death for a member of the person's family or household or for an individual with whom the person has a dating relationship;
   3. fear that an offense will be committed against the person's property; or
   4. feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended. (V.T.C.A., Penal Code § 42.072)

The university requires students to conduct themselves in accordance with its code of conduct, including provisions relating to sexual misconduct.

Sexual misconduct, as defined in the university’s student code of conduct, is subject to disciplinary action, including expulsion.

Sexual Misconduct

UMHB will be guided by the understanding that human sexuality is a gift from the creator God and that the purpose of this gift includes the procreation of human life and the uniting and strengthening of the marital bond in self-giving love. These purposes are to be achieved through heterosexual relationships within marriage. Misuses of God’s gift will be understood to include, but not be limited to, sexual abuse, sexual harassment, sexual assault, incest, adultery, fornication, and homosexual behavior.

UMHB will strive to deal in a constructive and redemptive manner with all who fail to live up to this high standard. Nothing will be done to encourage abortions or other drastic actions that might bring great harm to those involved. Dealing individually with each case, efforts will be made to counsel and assist those involved. Constructive forgiveness will guide all efforts. Consistent with the statement of UMHB concerning sexual misconduct, the university shall thoroughly review the facts and circumstances of each allegation of sexual misconduct involving a student and determine if the allegation is supported by credible evidence. The university may impose a sanction against the individual that is appropriate for the act committed. In doing so, the university shall offer counsel and assistance to the individual so that the sanction imposed may be a catalyst for redemption in his or her life.

The Importance of Consent

Students must also be aware that engaging in conduct of a sexual nature without the consent of both persons involved may constitute sexual assault. Consent is an active agreement to engage in a certain act or be exposed to a certain situation. Sexual activity without meaningful, explicit, and ongoing consent may be a violation of state and local law. This includes forcing, threatening or coercing an individual into sexual contact under duress and/or against his or her free will. When consent is requested verbally or physically, the absence of any explicit verbal or physical response constitutes lack of consent. Consent can be withdrawn at any time, but once consent has been established a person who changes his or her mind should communicate the withdrawal of consent through words or actions.

A person may be incapable of giving consent due to age, an intellectual or other disability, being asleep or unconscious, or being under the influence of drugs or alcohol. If a person is incapacitated (that is, lacking the physical or mental ability to make informed, rational judgments) to the extent that he or she cannot understand the fact, nature, or extent of the sexual situation, there can be no consent. Sexual activity becomes sexual assault if a sober, reasonable person in the position of the person who is initiating further sexual activity would have known that the other person was incapable of consent.

Because incapacity may be difficult to discern, students should err on the side of caution. When in doubt, assume the other person is incapacitated and unable to give effective consent. The responsibility for establishing true consent falls on the initiator of further sexual activity, even if that person has also been drinking.

Being impaired by alcohol or drugs is never a defense to a complaint of violating the university’s policy on sexual misconduct.