A document filed by a Complainant or signed by the Title IX Coordinator or Deputy Coordinator alleging misconduct that would violate UT Southwestern's sexual harassment and sexual misconduct policies (ETH-153/ETH-154) and requesting that UT Southwestern investigate the allegations therein.

A University employee who has the duty to report incidents of and information reasonably believed to be sexual harassment, sexual assault, domestic violence, dating violence or stalking to the Title IX Coordinator or Deputy Coordinator. All UT Southwestern employees are Responsible Employees except Confidential Employees, as defined above. Responsible Employees include all officials, administrators, faculty, staff, academic advisors, mentors, etc. Responsible Employees must immediately report all known information concerning the incident to the Title IX Coordinator or a Deputy Coordinator, and must include whether a complainant has expressed a desire for confidentiality in reporting the incident. Responsible Employees do not include individuals who hold positions in which student or trainee status is a requirement (e.g., student employees, student interns, graduate student researchers, postdoctoral researchers, graduate medical education trainees, or other individuals holding academic training titles); however, these individuals are strongly urged to report in accordance with UT Southwestern's sexual harassment and sexual misconduct policies (ETH-153/ETH-154).

The “Complainant” and the “Respondent” under UT Southwestern's sexual harassment and sexual misconduct policies (ETH-153/ETH-154).

The individual who has been reported to have committed Title IX Sexual Harassment prohibited by UT Southwestern's sexual harassment and sexual misconduct policies (ETH-153/ETH-154).

A form of prohibited discrimination that includes any action adversely impacting the employment, education, training, or institutional status of an individual, or in any other manner harassing or discriminating against an individual, because he or she opposed a discriminatory practice, filed a complaint or charge of discrimination, or testified for, assisted with, or participated in an investigation or other proceeding relating to discrimination. Based on the factual allegations, examples of retaliation may include, but are not limited to: denial of promotion; non-selection/refusal to hire; denial of job benefits; demotion; suspension; discharge; or other adverse treatment that is likely to deter reasonable people from complaining about discrimination. Adverse actions do not include petty slights and annoyances, such as stray negative comments in an otherwise positive or neutral evaluation, "snubbing" a colleague in a greeting, or negative comments that are justified by an employee’s poor work performance or history.

Conduct of a sexual nature that does not rise to the level of Sexual Harassment as defined by UT Southwestern's sexual harassment and sexual misconduct policies (ETH-153/ETH-154), but is unprofessional, inappropriate for the workplace or educational environment, and is not protected speech.

Other Sexual Misconduct may include but is not limited to: (a) unwelcome sexual advances including explicit or implicit proposition(s) of sexual contact or activity; (b) requests for sexual favors; (c) gratuitous comments about an individual’s sexual activities; (d) gratuitous comments, jokes or questions of a sexual nature about physical appearance; (e) unwanted sexual or romantic attention; (f) exposure to sexually suggestive material such as photographs, emails, or websites; (g) humiliation or intimidation on the basis of sex; (h) unwelcome touching of a sexual nature; (i) deliberate physical interference with or restriction of movement; or (j) sexual exploitation or sexual violence. Sexual misconduct that is consensual (e.g., telling sexual jokes or stories between willing participants who are not offended) may violate policy if such behavior is inappropriate in the academic medical center setting. Depending on the facts of a complaint, a matter may not proceed as an equal opportunity complaint under ETH-151P-01, but may be referred for appropriate action under other university policies or procedures, including but not limited to employee or student discipline, standards of conduct, or professionalism policies.

An employee conditioning the provision of an aid, benefit, or service of UT Southwestern on an individual’s participation in unwelcome sexual conduct.

An offense that meets the definition of rape, fondling, incest, or statutory rape:

1. 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.
2. 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.
3. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
4. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

Includes felony or misdemeanor crimes 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 state of Texas, or 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 state of Texas.

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 consideration of the following factors: a) The length of the relationship; b) The type of relationship; and c) The frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. It does not include acts covered under the definition of domestic violence.

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress. For the purposes of this definition:

1. 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.
2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
3. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

A voluntary, mutually understandable agreement that clearly indicates a willingness to engage in each instance of sexual activity. Consent to one act does not imply consent to another. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent can be withdrawn at any time. Any expression of an unwillingness to engage in any instance of sexual activity establishes a presumptive lack of consent. Consent is not effective if it results from: (a) the use of physical force, (b) a threat of physical force, (c) intimidation, (d) coercion, (e) incapacitation, or (f) any other factor that would eliminate an individual’s ability to exercise his or her own free will to choose whether or not to have sexual activity. A current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. Even in the context of a relationship, there must be a voluntary, mutually understandable agreement that clearly indicates a willingness to engage in each instance of sexual activity. The definition of consent for the crime of sexual assault in Texas can be found in Section 22.011(b) of the Texas Penal Code.1