Sexual Assault/Title IX Statements
Title IX of the Education Amendments of 1972 prohibits sex discrimination, which includes sexual violence, in education programs and activities. Students, staff, faculty, and other employees have the right to pursue education, employment, and other activities free from sex discrimination, including sexual violence, sexual misconduct, stalking, and harassment.
As part of Amberton University's overall ethical regulations, the harassment of others because of their race, religion, sex, age, national and ethnic origin, or disability will not be tolerated. In particular, an atmosphere of tension created by ethical or religious remarks (written or verbal), unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature does not belong in the institution or workplace.
Reporting Discrimination and Harassment
When any such verbal, written, or physical conduct unreasonably interferes with an individual's performance or creates an intimidating, hostile, or offensive environment, the offended individual should notify a University official so that the University may have an opportunity to investigate and deal with the problem. Any student, staff, or faculty member who believes he or she has been the victim of discrimination, discriminatory harassment, or sexual harassment, including any type of violence or sexual misconduct is urged to report the matter. Students, staff or faculty who witness or learn of another person becoming the victim of discrimination, discriminatory harassment, or sexual harassment, including any type of violence or sexual misconduct are also urged to report the matter. Any person seeing an act of violence, having suspicions that violence is occurring or fearing that violence is imminent should immediately call 911. All inquiries will be held in the utmost confidence, and the matter will be investigated and dealt with expeditiously.
All complaints will be forwarded to the Vice President for Strategic Services, who serves as the Title IX Coordinator. The designated administrator will conduct an investigation or appoint an investigative committee to evaluate facts relative to the complaint. Those who engage in sexual harassment may be subject to legal consequences, including civil and criminal penalties and monetary damages as well as disciplinary action.
Domestic Violence, Dating Violence, Sexual Assault, and Stalking
Amberton University’s ethical standards and code of conduct also prohibit domestic violence, dating violence, sexual assault, and stalking. Sexual assault is not only a criminal act of violence, aggression, or coercion against a single individual, but it is also an attack on human dignity. Amberton University encourages individuals who believe they have been a victim of domestic violence, dating violence, sexual assault, or stalking to report these incidents to appropriate law enforcement authorities and University officials.
Programs to Prevent Domestic Violence, Dating Violence, Sexual Assault, and Stalking
As a commuter institution where adult students spend a limited amount of time on campus each week, Amberton University does not provide preventive programs. However, there are programs and resources available to students and employees on the topics of sexual harassment, rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking. Community resources in the Dallas and Collin County areas include:
Baylor Scott and White Medical Center-Dallas
3500 Gaston Avenue
Dallas, TX 75246
Baylor Scott & White Medical Center - Lake Pointe
6800 Scenic Drive
Rowlett, TX 75088
Baylor Scott & White Medical Center - Plano
4700 Alliance Blvd.
Plano, TX 75093
Texas Health Presbyterian Hospital Dallas
8200 Walnut Hill Lane
Dallas, TX 75231
Texas Health Presbyterian Hospital Plano
6200 West Parker Road
Plano, TX 75093
Dallas Area Rape Crisis Center 24-hour hotline: (972) 641-RAPE (7273)
Texas Council on Family Violence http://tcfv.org/
Texas Association Against Sexual Assault (TAASA) (512) 474-7190
National Domestic Violence Hotline 1-800-799-SAFE (7233)
Counseling and Shelters:
Genesis Women’s Shelter & Counseling Office
4411 Lemmon Avenue, Suite 201
Dallas, TX 75219
24-hour hotline: 214-946-4357
24-hour emergency shelter only for abused women and children fleeing domestic violence
The Family Place
24-hour Crisis Hotline 214-941-1991
Provides these amenities:
Emergency Shelter: provides family violence victims with safety, food, clothing, transportation, legal services, counseling, and case management services at 100-bed Safe Campus.
Transitional Housing, Child Development Center, Safe Campus Learning Center, Community-based Counseling, Children’s Counseling, Incest Recovery Program, Supervised Child Visitation, Battering Intervention and Prevention Program, Legal Services, Resale Shop
Crisis Line: 972-422-SAFE (7233)
Counseling and intervention services, 972-422-2911
Hope's Door is an organization in Collin County specializing in comprehensive intervention and prevention services for all members of a family affected by domestic violence - from victim to abuser. Hope's Door was established in 1986 as a crisis hotline. Clients were housed in local hotels until the opening of a 21-bed emergency shelter in 1989. Since then, services have expanded to include transitional housing, counseling for adults and children, legal advocacy and services for abusers.
New Beginning Center
Crisis Line: 972-276-0057
Office and Administration: 972-276-0423
New Beginning Center is a 501(c)(3) non-profit organization that provides counseling and outreach services to victims of domestic violence. We are the only designated domestic violence agency in the northeast sector of Dallas County, offering a full complement of programs, including a shelter, intervention services, educational programs, Battering and Intervention Prevention Program, transitional housing, a 24-hour hotline and community outreach programs.
Emily’s Place seeks to break the cycle of domestic violence for women and their children by providing “transformational” living with emphasis on emotional healing and life-skills training to ensure a successful, self-sustaining future. Emily’s Place is not a shelter, which typically allows women to stay for 30-90 days. Rather, it is a “transformational” housing ministry based on a 24-month stay commitment, which promotes stability and wise choices. The transformational program includes counseling, addictions recovery, vocational assistance, life skills development and spiritual nurturing---all within a structured environment of 24/7 live-in staff who are dedicated to offering the support and accountability needed to transition from a difficult past into a bright future. Emily’s Place currently operates two homes located in Plano and Allen.
More information on available resources is available through:
The Garland Police Department: https://www.garlandpolice.com/gov/lq/safety/police/contact/numbers.asp
The Frisco Police Department: http://www.ci.frisco.tx.us/288/Programs-Services
Notification of Counseling and Assistance
Any victim who reports an incident to an on-campus official will be advised of existing counseling, health, mental health, victim advocacy, legal assistance, and other services available through these agencies. These agencies can work with the victim in finding options for, and available assistance in, changing living, transportation, and working situations. Further, if requested by the victim, Amberton University will reasonably change a victim’s academic situation after an alleged sex offense, domestic violence, dating violence, sexual assault, or stalking incident, regardless of whether the victim chooses to report the crime to local law enforcement.
Procedure to Follow if an Incident of Domestic Violence, Dating Violence, Sexual Assault, or Stalking Occurs
Whom to Contact:
If someone believes they are the victim of a sex offense, domestic violence, dating violence, sexual assault, or stalking, the quickest possible way to report it is to contact the Garland or Frisco Police Department or the person's local law enforcement personnel. A victim of a sex offense, domestic violence, dating violence, sexual assault, or stalking may go directly to a hospital and decide at the hospital what other agencies or resources to contact. A University Official will be glad to assist a victim in contacting the proper law enforcement agency, if the victim so chooses. The victim may also decline to notify a law enforcement agency, if desired.
Preservation of Evidence:
After contacting the necessary law enforcement authorities as soon as possible, it is important that a victim of a sex offense, domestic violence, dating violence, sexual assault, or stalking does not shower, wash, brush their teeth, or use the restroom, and that they do not wash their clothes or any bedding on which the incident may have occurred. If they do so, important evidence can be lost and/or destroyed that could aid in prosecution of an accused individual or aid the victim in obtaining a protection order.
Campus Disciplinary Procedure:
If the victim of a sex offense, domestic violence, dating violence, sexual assault, or stalking so desires, and all parties involved are members of the university community, the incident can be referred to the Vice President for Strategic Services to be investigated and adjudicated under the Amberton University’s Sexual Harassment policy. The investigation and resolution will be conducted in a prompt, fair, and impartial manner. All disciplinary proceedings involving an incident of domestic violence, dating violence, sexual assault, or stalking will be conducted using the preponderance of the evidence standard. Sanctions that can be imposed upon a final determination of an incident may range from a verbal or written warning or reprimand up to and including expulsion of a student or dismissal of an employee for cause. Students may also be transferred to other classes.
Both the accused and the accuser are entitled to the same opportunities to have others present during a disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice. Both participants will be simultaneously informed in writing 1) of the outcome of any disciplinary proceeding brought that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking; 2)Amberton University’s procedures for the accused and the victim to appeal the results of the disciplinary proceeding; and 3)any change to the results that occurs prior to the time that such results become final and when such results become final.
Orders of Protection, No Contact Orders, and Restraining Orders:
If the victim of a sex offense, domestic violence, dating violence, sexual assault, or stalking obtains an order of protection, no contact order, restraining order, or other similar lawful order, the victim shall notify the Vice President for Strategic Services of the order and shall supply a copy of the order to the University. When Amberton University receives an order, it will utilize all reasonable measures it has at its disposal to help monitor the provisions of that order.
To the extent permissible by law, Amberton University will protect the confidentiality of victims. No identifying information about the victim will be recorded and all disciplinary proceedings conducted pursuant to the Amberton University’s Sexual Harassment policy will be kept confidential, unless otherwise stated herein or required by law.
To further maintain confidentiality, Amberton University provides a way to report situations anonymously using the University's Anonymous Reporting Form, accessible by scrolling to the end of this page. Amberton students and employees may use this form to anonymously report an allegation of sexual harassment, sexual assault, dating violence, or stalking committed against or witnessed by the student or employee, regardless of the location at which the offense occurred. The form may also be used to report any financial improprieties, illegal practices or policy violations committed by University employees or agents and to protect from retaliation those who make such good-faith reports.
On March 7, 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013 (VAWA) (Pub. Law 113-4). The HEA defines the new crime categories of domestic violence, dating violence, and stalking in accordance with section 40002(a) of the Violence Against Women Act of 1994 as follows:
1. “Domestic violence” means a “felony or misdemeanor crime of violence committed by—
A current or former spouse or intimate partner of the victim,
A person with whom the victim shares a child in common,
A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner,
A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies [under the VAWA],
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.”
2. “Dating violence” means “violence committed by a person –
Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
Where the existence of such a relationship shall be determined based on a consideration of the following factors:
The length of the relationship;
The type of the relationship; and
The frequency of interactions between the persons involved in the relationship.”
3. “Stalking” means “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.”
Consent to Sexual Activity: A sexual assault 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;
(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; or
(11) The actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code.