Clery Act Guide: Victim’s Rights and Options
In accordance with the Jeanne Clery Campus Safety Act (Clery Act) and Title IX, ETAMU will provide any student or employee victim of dating violence, domestic violence, sexual assault or stalking a written explanation of their rights and options when an official contact receives notification of an incident. This is for any incident that takes place on or off campus.
Violence is unacceptable, and University policy prohibits dating violence, domestic violence, sexual assault, and stalking (DVSAS). This resource guide outlines steps to take depending on what services you want or need. There are several options available for support and reporting at ETAMU. The resources and options below may be helpful as you decide what next steps are a good fit for you.
If you need help right now:
- Get to a safe place;
- Dial 9-1-1 for emergencies; ETAMU Police Department non-emergency (903) 886-5868
- Seek medical attention if needed;
- Preserve evidence of sexual assault by not showering, using the restroom or changing your clothes;
- You may file a report with the police, the University, both, or neither. It is up to you.
Preserving Evidence
After an incident of sexual assault, dating violence, or domestic violence, or stalking the complainant should strongly consider seeking medical attention as soon as possible at the closest emergency room. In various states in the United States, evidence may be collected even if you chose not to make a report to law enforcement. In all states, complainants may seek medical treatment for sexual assault without any associated financial obligation, regardless of their reporting decision.
In circumstances of sexual assault, if a complainant does not opt for forensic evidence collection, health care providers still can treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted infection. To help ensure evidence is preserved, it is important that a survivor of sexual assault not:
- Bathe,
- Douche,
- Smoke,
- Change clothing or
- Clean the bed/linen/area; or
- Clean up any area of the crime scene where they were assaulted within 120 hours after the incident occurred.
Complainants of, sexual assault, domestic violence, dating violence, or stalking also are encouraged to preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents, if any exist that may be useful to University investigators, other university personnel, or local police.
Reporting Procedures
Victims of crimes of dating violence, domestic violence, stalking, and sexual assault have various opportunities to report the crime. It is up to the victim if they choose
- If a student or employee wishes to have assistance in reporting to the police, they may receive help from the Title IX Coordinator, or any others at the University designated as a Campus Security Authority. It is up to the victim whether or not they choose to report the crime to the police.
- Victims may report the crime to the Title IX Coordinator, using the contact information below:
Title IX Coordinator:
903.886.5991
[email protected]
McDowell Administration Bldg.
Suite 120 - Victims may also report an incident that occurred off campus to the local police department with jurisdiction in which the incident occurred by dialing 9-1-1.
Rights of victims
No Contact Orders
A no‐contact restriction is an interim measure issued by the institution that prohibits two parties from contacting one another through any means. No contact restrictions can be issued in addition to court ordered protection but may also serve as an alternative for those who do not want to seek a court order. A complainant or an alleged offender can request a no contact restriction directed at a student through the Offices of Student Rights and Responsibility (903‐886‐5195) or Title IX (903‐886‐5991). Officials may issue a restriction at any time prior to or during a conduct investigation based on information provided by the requestor. A no‐contact restriction may also be implemented as a sanction subsequent to a finding of responsibility. If good cause for a no‐contact restriction is determined, both parties are notified of the restrictions in writing. Records are maintained in the student conduct system.
No‐contact restrictions directed at employees can be requested from Human Resources (903‐886‐ 5080).
Individuals should be aware that direct contact, refusal to leave a protected area, appearing at a location one reasonably knows the protected party is, third‐party contact, or even an anonymous contact are all potential violations of a no‐contact restriction. Violations should be reported to the office that issued the restriction and may result in further disciplinary action.
Criminal Trespass Warning
A criminal trespass warning is an interim protective measure issued by an authorized university official which is directed at those who are considered a danger to the campus community or a danger to a certain individual in the campus community. The warning advises the alleged offender to leave the premises and forbids him/her from entering and/or remaining on certain property which can cover either the entire campus or a specific campus location. To request a criminal trespass warning, contact UPD at 903‐886‐5868 and ask to speak with an officer. The UPD officer issues the criminal trespass warning if the alleged offender is determined to pose a risk to campus safety based on information provided by the requestor as it relates to applicable state law and/or UPD policy. When the warning is issued, the officer is responsible for providing notice to the requestor and the person receiving the warning. UPD officers are notified of criminal trespass warnings that exist in their area. If a criminal trespass warning is violated, UPD should be contacted immediately at 903‐ 886‐5868. A violation of the criminal trespass warning occurs when the individual is issued a warning but refuses to leave campus or is subsequently found in a prohibited area based on the trespass warning. The requestor and other institutional personnel should take appropriate action by contacting UPD for a responding officer when they become aware of a potential violation of a criminal trespass warning. UPD generally enforces these warnings by charging violators with criminal trespass resulting in arrest and/or fine.
Protective Orders
Individuals may apply for protective orders through the Texas criminal justice system. A protective order is an interim protective measure that requires the recipient to stay away from the protected individual's home, workplace, and/or children's schools (if the children are protected persons in the order) depending on the documented circumstances. It can require the recipient to stop communicating with the protected individual in a harassing or threatening manner, attend counseling, pay child support, and/or pay spousal support. An application for a protective order may be filed by an individual, a prosecuting attorney, or the Texas Department of Family and Protective Services (1‐800‐ 252‐5400) on 38 behalf of an individual. The application is obtained through the county attorney, the district attorney, or a private attorney. UPD (903‐ 886‐5868) will also provide assistance in applying for protective orders. The application for a protective order must be filed in either the county where the applicant lives or the county where the recipient lives. The applicant's address can be kept confidential. If the legal criteria for a protective order is met, the county or district attorney's office will prepare and file all of the paperwork necessary to request a protective order from a court. Such orders provide effective tools for law enforcement when they are called upon to protect an individual and their family. Additionally, an emergency protective order may be recommended and automatically issued by the court following the original report and arrest of the alleged offender. A hearing is held at a later date to determine if the order should be extended or modified. UPD officers are notified of protective orders that exist in the campus and surrounding area. Local law enforcement agencies are also notified of all existing protective orders in their area. If the requestor or other institutional personnel become aware that a protective order is violated, UPD should be contacted immediately at 903‐886‐5868. Responding agencies can also be contacted for protective order violations including the Commerce Police (903‐886‐1139), or any local law enforcement agency in which the violation occurred. Violation of protective orders generally carry authority for the violator's immediate arrest by UPD or other law enforcement agencies. If the complainant, alleged offender, or member of the university community has obtained an order of protection, civil no‐contact order, or any other as described in this section, against another member of the university community, the order should be provided to the official contact or designee. In conjunction with UPD and other university officials, the official contact or designee will take all reasonable and legal actions to implement the order.
Supportive Measures
Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the member's education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the member's educational or work environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work or housing locations, leaves of absence, increased security and monitoring of certain areas of the campus or workplace, and other similar measures.
Confidentiality
Accommodations and protective measures are confidential (to the extent they can be without impairing the ability to provide them.) Publicly available recordkeeping has no personally identifying information about the victim/survivor.
Supportive Resources
- Housing Accommodations: (903)886-5797 Residential Living and Learning
- Academic accommodations: (903)886-5991 Title IX
- Working accommodations: (903)886-5080 Human Resources
On Campus Resources
| Visa & ImmigrationAssistance | International Programs903-886-5097 | Waters Library1805 Lee St.Commerce, TX 75428 |
| Student Health Services | 903‐886‐5853 | Henderson Hall1504 Lee St., Commerce, TX 75428 |
| Counseling CenterMental Health | 903‐886‐5145 | Halladay Student Services Suite 2031809 Lee St., Commerce TX 75428 |
| Victim Support Services | [email protected]903-886-5791 | Performing Arts Center 1172101 University Dr., Commerce, TX 75428 |
| Legal Assistance | No On Campus Resources | No On Campus Resources |
| Student Financial Aid | [email protected]903-886-5096 | Welcome Center1614 TX-24 Frontage RoadCommerce, TX 75428 |
| Title IX Coordinator | [email protected]903-886-5991 | McDowell Business Administration BuildingSuite 1132008 University Dr., Commerce, TX |
| On Campus LawEnforcement | University Police903-886-5868 | Henderson Hall1901 Monroe St., Commerce, TX |
Off Campus Resources
| Visa & ImmigrationAssistance | No Off Campus Resources | No Off Campus Resources |
| Mental Healthhttps://glenoakshospital.com/ | Glen Oaks Hospital903-454-6000 | 301 E. Division St.Greenville, TX 75402 |
Hospitals
In the chart below, please find the contact information for the hospitals closest to eachcampus as well as an indication as to whether or not the hospital offers Sexual AssaultNurse Examiner/Forensic Nurse Examiners (SANE/FNE nurse) services.
SANE/FNE nurses are trained medical professionals who are sensitive and specialize in the careof crime victims. SANE/FNE nurses are able to collect forensic evidence from the bodies ofvictims of sexual and domestic assault. They also routinely work with law enforcement topreserve the evidence and may testify in court. If you have difficulty locating the closest hospitalwith evidence collecting capabilities, contact 9-1-1 and ask for help in locating a hospital with a SANE or FNE nurse.
You may also contact the National Sexual Assault Hotline at 800-656-HOPE (4673) or visit theRape, Abuse and Incest National Network at www.RAINN.org.
| Hospital | Address | Telephone Number | Forensic Services Available? |
| Hunt Regional Emergency Medical Center(Greenville, TX) | 4215 Joe Ramsey Blvd, E Greenville, TX 75401 | 903-408-5000 | Yes(police involvement not required) |
Additional Off-Campus Resources/Supports
| Help Lines | Phone Number |
| Employee Assistance Program | 866‐301‐9623 |
| Other Resources | National Sexual Assault Hotline-24 Hour800‐656‐HOPE (800-656-4673) National Domestic Violence Hotline800‐799‐SAFE (800‐799‐7233)Suicide Hotline-24 Hour800-273-8255Hunt County Rape Crisis Center (24 Hour Crisis Center & Domestic Violence)903-454-9999 Women in Need 24/7 Hotline972-591-7233 24-hr hotline Women In Need Office Locations:Greenville 903-455-4612Rockwall 972-772-3000 Hunt County Children's Advocacy Center-24 Hour903-454-9999 |
Title IX Grievance Procedures for Students and Employees
University Procedure 08.01.01.R2.01Employee and Third Party
University Procedure08.01.01.R2.02Students
Written Determination of Responsibility
Title IX Cases
For a complaint against an employee or third party, a designated administrator will review the investigation report make a determination of responsibility. In cases in which the allegations are substantiated, the final decision will be provided to the respondent's supervisor.
For a complaint against a student, the investigation report will be used as directed in the university's student conduct rules.
When the respondent(s) is an employee, both the complainant(s) and the respondent(s) may review a copy of the investigation report and exhibits, with admonishments regarding privacy, after the decision is rendered. The report will be redacted in accordance with state and/or federal law.
Title IX Grievance Appeals
Appeal of Decision and/or Sanctions – Allegations of Sex Discrimination. With respect to allegations of sex discrimination, including sexual harassment and sex-based misconduct, the designated administrator's decision and the sanction(s) imposed by the sanctioning authority can be appealed by the complainant(s) and/or the respondent(s), but only on the following bases, as applicable:
(a) a procedural irregularity that affected the outcome;
(b) new evidence, not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome. The new evidence must be provided at the time of appeal with the appropriate member appeals form;
(c) the Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome;
(d) the appropriateness or severity of the sanctions.
In order to avoid the appearance of a conflict of interest, appeals on any of these bases must be directed to an authority who had no previous involvement and/or participation in the investigation and/or decision. The appellate authority is specified in the member's rule, whose decision with regard to the appeal will be final.
The appeal will be confined to a review of the written documentation and record of the investigation and/or hearing, and pertinent documentation regarding the grounds for appeal. The appeal does not create an entitlement to a new investigation or a full re-hearing of the complaint. The appeal process for both the complainant(s) and the respondent(s) must be equitable, but not necessarily identical. The appeal must be filed within five (5) business days of notification of the decision. The appeals process carries a presumption that the original decision was correct unless a preponderance of the evidence demonstrates that one or more of the conditions of the appeal are met, and that either or both parties was deprived of a fair process.
Parties will be notified in writing when an appeal is filed and procedures will be implemented equitably for both parties. Parties will be given three (3) business days to review the appeal and submit any written response in support of, or challenging, the outcome to the appellate authority.
If the respondent is an employee or third party, the appellate authority will review the documentation and render a decision. If the complaint on appeal is substantiated, the respondent's supervisor will also be informed.
For student cases, the appellate authority has ten (10) business days to reach the decision and provide it to the complainant(s), the respondent(s), and the investigative authority simultaneously to the extent possible.
The appellate authority may reach one of the following outcomes:
(a) affirm the original finding and sanction;
(b) affirm the finding and modify the sanction; or
(c) remand the case to a new hearing or review.
Sanctions
Disciplinary sanctions or other actions that are not supportive measures may not be imposed on respondents prior to a determination of responsibility except in cases meeting the requirements for removal on an emergency basis.
Remedies, which may be disciplinary or punitive in nature and may burden the respondent, must be designed to restore or preserve the complainant's equal access to the member's education program or activity. Members must describe or list the range of possible disciplinary sanctions and remedies that the member may implement following any determination of responsibility for any discrimination finding in their member rule.
The designated administrator may decide sanctions, if any, or may delegate the sanctioning decision to another authority within the member. Sanctioning decisions involving employees must be determined in consultation with OGC. The sanctioning authority may review an unredacted copy of the investigation report and exhibits.
Sanctions may have educational, restorative and rehabilitative components for employees and/or students. In addition, employee sanctions may have punitive components. Examples of sanctions may include, but are not limited to, written warning or reprimand, required training and/or counseling, “no contact” order, probation, suspension, and employment dismissal and/or student expulsion from an educational institution. For students, expulsion is a disciplinary action taken to teach them that their actions and conduct have consequences, which includes ineligibility to continue as a member of the educational community.
Students found responsible for committing dating or domestic violence and/or non-consensual sexual penetration of another person will be subject to a minimum sanction of a one-year suspension, in the absence of significant mitigating factors. Students found responsible for these acts who have demonstrated predation for the purpose of carrying out these acts will be subject to permanent expulsion.
Students found responsible for committing acts of sexual harassment, sexual assault, and dating violence, domestic violence, stalking based on sex, and/or any other sex-based misconduct who are allowed to return to a member university after a suspension of one year or more will be ineligible to hold an office in any student organization, ineligible to represent the university in any way (including intercollegiate athletics or other competitions, both on and off campus), and ineligible to receive an institutional scholarship, in the absence of significant mitigating factors.
4.4.7 For other sex-based student conduct rule violations, member universities must establish a process to determine the student's eligibility to represent the university in extracurricular activities, both on and off campus. The initial determination of eligibility must exclude any administrator who has an inherent conflict of interest in the student's participation in a particular activity (e.g., the coach of a student-athlete, the advisor to a student club or organization).
When an employee is found to have sexually harassed or engaged in sex-based misconduct (as defined by this regulation) another member of the university or agency community, the sanction will be termination of employment.
The university will not take any disciplinary action against an enrolled student or employee who in good faith reports to the university being the victim of, or a witness to, an incident of sexual harassment, sexual assault, dating violence, or stalking for a violation by the student or employee of the university's code of conduct occurring at or near the time of the incident and reasonably related to the incident, for which suspension, expulsion, or dismissal from the university is not a possible punishment, regardless of the location at which the incident occurred or the outcome of the university's disciplinary process regarding the incident, if any. This does not apply to a student or employee who reports their own commission or assistance in the commission of sexual harassment, sexual assault, dating violence, or stalking.
For sex discrimination complaints, both the complainant(s) and the respondent(s) will be informed in writing of any and all sanctions, except when to do so would violate state or federal law (e.g., Family Educational Rights and Privacy Act).
Campus Disciplinary Process
- A prompt, fair, and impartial process from the initial investigation to the final result (completed within the timeframes laid out by our policy in a manner that is transparent, provides timely notice of meetings and equal access to information to both the complainant and the respondent, and conducted by officials without a conflict of interest or bias for either party that receive annual training on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability)
Have others present during any institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of your choice*
Notification, in writing, of: - The result of any institutional disciplinary proceeding from your report of dating violence, domestic violence, sexual assault, or stalking
- The institution's procedures to appeal the results [only if such procedures are available]
- Any change to the results
- When the result become final*
*Also afforded to the respondent
DEFINITIONS & TERMS
Sexual assault
An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI's UCR program.
Sex offenses
Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
- 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
- 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.
- Incest – Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape – Sexual intercourse with a person who is under the statutory age of consent.
Domestic violence
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;
- 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.
Dating violence
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 reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
- For the purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
- Dating violence does not include acts covered under the definition of domestic violence. Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
Stalking
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to
- Fear for the person's safety or the safety of others; or
- Suffer substantial emotional distress. For the purposes of this definition:
- 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.
- Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
- Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
Consent
Consent: Means assent in fact, whether express or apparent. Consent is communicated through words or clear actions indicating a freely given agreement to perform a particular sexual act. It is the responsibility of the person who wants to engage in sexual activity to ensure the consent of their partner. Consent must be present throughout the sexual activity. Individuals cannot willingly give their consent when they are coerced, forced, manipulated, intimidated, pressured, threatened or in a state of helplessness. The ability to consent is also jeopardized when there is an actual or perceived power differential between individuals. Individuals must be of sound mind meaning they are not mentally incapacitated by unconsciousness, disability, drugs, alcohol, sleep, sleep deprivation, injury, or involuntary physical constraint. Consent to engage in sexual activity at one time and place does not mean consent is implied for future sexual activity. Consent must be willingly given for each time, place, and form/type of sexual activity. This is true regardless of the length of the relationship between individuals. Consent cannot be inferred from or interpreted by silence.
Confidentiality
Confidential – communication that cannot legally be disclosed to another person without the consent of the individual who originally provided the information, except under very limited circumstances such as allegations of elderly, disabled or child abuse; an imminent threat of injury or to the life of any person; or as required by law.
Advisor of Choice
Advisor – an individual selected by each complainant and respondent to provide guidance during the investigation and resolution process and to conduct cross-examination when a complaint is referred to a formal hearing. An advisor may be an attorney. A member may appoint an advisor of the member's choice for a complainant or respondent for a hearing if either party does not have an advisor present. Advisors may not otherwise represent or speak for the party they are advising. Each party is allowed one advisor, although members may establish circumstances under which a second advisor would be permitted (e.g., accommodating a party with a disability).
Informal Resolution
Resolution of a civil rights complaint without the use of a formal hearing. Informal resolutions may or may not involve the establishment of findings of fact and the application of sanctions.
University Procedures
Upon receipt of a report of an incident of sexual misconduct