Title IX of the Education Amendments of 1972
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 any kind, including 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, unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature does not belong in the institution or workplace.
Amberton University personnel will respond within the scope of the University’s policy, capability, and procedures when sexual misconduct is reported to occur:
- On Amberton owned or controlled property,
- At a University or University-recognized program or activity, or
- Regardless of location on or off-campus, when the conduct:
1) May pose an obvious and serious threat of harm to, or
2) May have the effect of creating a hostile educational environment
for any member(s) of the university community.
This policy applies to all students, employees (including administrators, faculty, staff, and part-time employees), trustees, visitors, volunteers, and others affecting the university community and serves to protect those community members from unlawful harassment regardless of where the alleged misconduct occurred. Although there is no geographical limitation, misconduct that is alleged to have occurred at a significant distance from the University or that is committed by a person outside of the Amberton University community will be more difficult to investigate and remedy. Where the University’s response is so limited, the University will advise the reporting party regarding his/her right to file a complaint with local authorities or local law enforcement where the harassment/misconduct occurred. Individuals who have experienced a crime of sexual violence, including sexual assault, stalking, and dating/domestic violence, can learn more about their options for getting support on and off-campus, as well as for reporting to Amberton University and local law enforcement. The Amberton University Sexual Misconduct Policy prohibits a range of behaviors including, but not limited to:
- Dating violence: abuse or violence, or a threat of abuse or violence, against a person with whom the actor has or has had a social relationship of a romantic or intimate nature.
- Domestic violence: a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.
- Sexual assault: sexual contact or intercourse with a person without the person’s consent, including sexual contact or intercourse against the person’s will or in a circumstance in which the person is incapable of consenting to the contact or intercourse.
- Sexual violence: physical acts of a sexual nature perpetrated against a person’s will or where a person is incapable of giving consent. This includes violent behaviors that may also constitute rape, sexual assault, sexual abuse, and sexual coercion.
- 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 suffer substantial emotional distress.
- Sexual Exploitation: behavior where one person takes sexual advantage of another person for the benefit of anyone other than that person, without that person’s consent. Examples include: prostituting another person, photographing or recording another person’s sexual activity, intimate body parts, or nakedness without consent, distributing sexual images of someone without consent, and viewing a person’s intimate body parts without consent when someone has a reasonable expectation to privacy.
- Sexual harassment: unwelcome, sex-based written, verbal or physical conduct that:
1) In the employment context, unreasonably interferes with a person’s work performance or creates an intimidating, hostile, or offensive work environment; or
2) In the education context, is sufficiently severe, persistent, or pervasive that the conduct interferes with a student’s ability to participate in or benefit from educational programs or activities at a postsecondary educational institution.
- Gender-based harassment: unwelcome conduct of a non-sexual nature based on a person’s actual or perceived gender, gender identity, gender express, nonconformity with gender stereotypes, or sexual orientation.
- Hostile environment: the effect of sexual or gender-based harassment that is sufficiently serious to deny or limit a person’s ability to participate in or benefit from a university program or activity;
Reporting Incidents of Sexual Misconduct, Discrimination, Harassment, Domestic Violence, Dating Violence, Sexual Assault, Stalking
When any such written, verbal, 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 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. If any legal statutes have been violated, the University will assist the victim in informing, or will directly inform the involved governmental agencies as applicable law allows. 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 9-1-1. All inquiries will be held in the utmost confidence to the extent allowed by law and within the provisions of this policy, and the matter will be investigated and dealt with expeditiously.
All complaints will be forwarded to the Title IX Coordinator and the Deputy Title IX Coordinator, (See designations below). 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/misconduct may be subject to legal consequences, including civil and criminal penalties and monetary damages as well as disciplinary action. Findings of the investigation will be final. Employees found guilty of these infractions can be transferred to another office, demoted (or both), or terminated from employment.
Filing an Anonymous/Confidential Complaint
Any student, employee, third party, or bystander may request that the matter involving sexual misconduct remain confidential and/or anonymous as defined by this policy. Additionally, any student and/or employee may obtain assistance with filing a Title IX/Sexual Misconduct Complaint, Police Report, and/or information regarding available counseling resources in the surrounding community.
Individuals who wish to report an incident anonymously may do so through the Amberton University Anonymous Reporting Tool located on the University’s website, under “Help and Advice – Title IX.” 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.
What to Expect When Confidentiality is Requested
If a Claimant chooses to remain completely anonymous, no complaint will be filed. If a Claimant chooses to report an incident, but requests to remain confidential, the Title IX Coordinator and Deputy Title IX Coordinator will determine if confidentiality should be maintained. Where there is a concern of further harm to the Claimant and/or the campus community, the request for confidentiality may not be honored. When confidentiality of the Claimant is maintained or the Claimant’s identity is unknown, the University’s ability to respond and to take appropriate disciplinary action may be impeded. Nevertheless, the University will attempt to provide resources as provided herein and to take steps addressed to remedy the effects of the alleged sexual misconduct and to prevent its recurrence. Nothing in this provision prohibits the Title IX Coordinator from determining whether or not to maintain the request for confidentiality and/or from consulting with appropriate University officials if warranted by the facts of the case.
Right to Privacy/Confidentiality
Amberton University will not disclose the identity of the victim or alleged offender, except as necessary, to resolve the complaint or to implement interim protective measures or when provided by state or federal law. No identifying information about the victim will be recorded and all disciplinary proceedings conducted pursuant to the Amberton University’s Sexual Misconduct policy will be kept confidential, unless otherwise stated herein or required by law.
Amnesty for Students Reporting Certain Incidents
Amberton University takes all reports of sexual misconduct seriously and retaliation will not be tolerated towards anyone who reports sexual misconduct and/or participates in an investigation or resolution of a report.
Amberton University may not take any disciplinary action against a student enrolled at the institution who in good faith reports to the institution being the victim of, or a witness to, an incident of sexual harassment, sexual assault, dating violence, retaliation, or stalking for a violation by the student of the institution’s code of conduct occurring at or near the time of the incident, regardless of the location at which the incident occurred or the outcome of the institution’s disciplinary process regarding the incident, if any.
Amberton University may investigate to determine whether a report of an incident of sexual harassment, sexual assault, dating violence, stalking, or retaliation was made in good faith. If an investigation results in a finding that such an accusation was made in bad faith or maliciously, the accuser may be disciplined appropriately. However, filing a complaint or providing information which a party or witness genuinely believes is accurate, but which is ultimately dismissed due to insufficient evidence or found to be untrue, does not constitute false reporting.
A determination that a student is entitled to amnesty is final and may not be revoked.
Procedure to Follow if an Incident of Domestic Violence, Dating Violence, Sexual Assault, Sexual Misconduct, or Stalking Occurs
Whom to Contact:
If someone believes he or she is the victim of a sex offense, domestic violence, dating violence, sexual assault, or stalking, the quickest possible way to report it is to contact local law enforcement (Call 9-1-1). 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, harassment, or stalking so desires, the incident should be referred to the Title IX Coordinator or the Deputy Title IX Coordinator to be investigated and adjudicated under the Amberton University’s Sexual Misconduct 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, harassment, 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 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. Amberton University will consider any legal actions taken as a determining influence in reaching a decision relative to the institution.
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.
Amberton University Title IX Coordinator:
Dr. Jo Lynn Loyd
Vice President for Strategic Services
1700 Eastgate Drive
Garland, TX 75041
972/279-6511 ext. 126
Amberton University Deputy Title IX Coordinator:
Mr. Brent Bradshaw
Vice President for Administrative Services
1700 Eastgate Drive
Garland, TX 75041
972/279-6511 ext. 141
Programs to Prevent Domestic Violence, Dating Violence, Sexual Assault, and Stalking
Amberton University does not have on-campus housing and as a commuter campus with online options, students spend a limited time on campus. Amberton University does provide preventive programs in the form of making this policy and procedures available to all students and employees. There are also 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, but are not limited to:
Baylor Scott and White Medical Center-Dallas
3500 Gaston Avenue
Dallas, TX 75246
Baylor Scott & White Medical Center - Plano
4700 Alliance Blvd.
Plano, TX 75093
Medical City – Dallas
7777 Forest Lane
Dallas, TX 75230
Methodist Richardson Medical Center
2831 President George Bush Hwy
Richardson, TX 75082
Parkland Health & Hospital System
5200 Harry Hines
Dallas, TX 75235
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 emergency shelter only for abused women and children fleeing domestic violence
24-hour hotline: 214-946-4357
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:
Garland Police Department: https://www.garlandpolice.com/gov/lq/safety/police/contact/numbers.asp
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.
Information Programs for Students and Employees
Amberton University’s Sexual Misconduct Policy shall be made available to all students and employees by inclusion on the University’s website under “Help and Advice – Title IX/Sexual Misconduct,” by inclusion in the University’s Policies and Procedures Handbook, and in the University’s Catalog – Student Handbook. Each session, the University will inform enrolled students of the policy and include directions on accessing the policy in each session’s Student Briefing. All re-hires and new hires are directed to review all the University’s Policies and Procedures, including the Sexual Misconduct Policy, as part of the employment process.
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.