Violence Against Women Act

The University of North Texas at Dallas does not discriminate on the basis of sex in its educational programs and sexual harassment and sexual violence are types of sex discrimination. Other acts can also be forms of sex-based discrimination and are also prohibited whether sexually based or not and include dating violence, domestic violence, and stalking. As a result, The University of North Texas at Dallas issues this statement of policy to inform the community of our comprehensive plan addressing sexual misconduct, educational programs, and procedures that address sexual assault, domestic violence, dating violence, and stalking, whether the incident occurs on or off campus and when it is reported to a University official. In this context, the University of North Texas at Dallas prohibits the offenses of domestic violence, dating violence, sexual assault and stalking and reaffirms its commitment to maintain a campus environment emphasizing the dignity and worth of all members of the university community.

For a complete copy of the University’s policies governing sexual misconduct, visit

UNT Dallas Student Code of Conduct
University Policy Prohibiting Discrimination and Harassment

B.   Education and Prevention Programs

The University engages in comprehensive, intentional, and integrated programming, initiatives, strategies, and campaigns intended to end dating violence, domestic violence, sexual assault and stalking that:

• Are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research, or assessed for value, effectiveness, or outcome; and
• Consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community and societal levels.

Educational programming consists of primary prevention and awareness programs for all incoming students and new employees and ongoing awareness and prevention campaigns for students and employees that:

1. Identifies domestic violence, dating violence, sexual assault and stalking as prohibited conduct;
2. Defines using definitions provided both by the Department of Education as well as state law what behavior constitutes domestic violence, dating violence, sexual assault, and stalking;
3. Defines what behavior and actions constitute consent to sexual activity in the State of Texas and/or using the definition of consent found in the Student Code of Conduct if state law does not define consent;
4. Provides a description of safe and positive options for bystander intervention. Bystander intervention means safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene;
5. Information on risk reduction. Risk reduction means options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence.
6. Provides an overview of information contained in the Annual Security Report in compliance with the Clery Act.
7. Consent and Respect-3rd Millennium.  All new UNT Dallas students are required to complete an online awareness and prevention course that addresses awareness and prevention of adverse relationships, bystander awareness, and sexual violence.

The University has developed an annual educational campaign consisting of presentations that include distribution of educational materials to new students; participating in and presenting information and materials during new employee orientation.

D. Assistance for Victims: Rights & Options

Regardless of whether a victim elects to pursue a criminal complaint or whether the offense is alleged to have occurred on or off campus, the university will assist victims of sexual assault, domestic violence, dating violence, and stalking and will provide each victim with a written explanation of their rights and options. In TEXAS, a victim of domestic violence, dating violence, sexual assault or stalking has the following rights:

Art. 56.02. CRIME VICTIMS' RIGHTS.
Text of subsection as amended by Acts 2013, 83rd Leg., R.S., Ch. 651 (H.B. 899), Sec. 1

A victim, guardian of a victim, or close relative of a deceased victim is entitled to the following rights within the criminal justice system:

1. the right to receive from law enforcement agencies adequate protection from harm and threats of harm arising from cooperation with prosecution efforts;
2. the right to have the magistrate take the safety of the victim or his family into consideration as an element in fixing the amount of bail for the accused;
3. the right, if requested, to be informed:
   1. by the attorney representing the state of relevant court proceedings, including appellate proceedings, and to be informed if those proceedings have been canceled or rescheduled prior to the event; and
   2. ​by an appellate court of decisions of the court, after the decisions are entered but before the decisions are made public;
4. the right to be informed, when requested, by a peace officer concerning the defendant's right to bail and the procedures in criminal investigations and by the district attorney's office concerning the general procedures in the criminal justice system, including general procedures in guilty plea negotiations and arrangements, restitution, and the appeals and parole process;
5. the right to provide pertinent information to a probation department conducting a presentencing investigation concerning the impact of the offense on the victim and his family by testimony, written statement, or any other manner prior to any sentencing of the offender;
6. the right to receive information regarding compensation to victims of crime as provided by Subchapter B, including information related to the costs that may be compensated under that subchapter and the amount of compensation, eligibility for compensation, and procedures for application for compensation under that subchapter, the payment for a medical examination under Article 56.06 for a victim of a sexual assault, and when requested, to referral to available social service agencies that may offer additional assistance;
7. the right to be informed, upon request, of parole procedures, to participate in the parole process, to be notified, if requested, of parole proceedings concerning a defendant in the victim's case, to provide to the Board of Pardons and Paroles for inclusion in the defendant's file information to be considered by the board prior to the parole of any defendant convicted of any crime subject to this subchapter, and to be notified, if requested, of the defendant's release;
8. the right to be provided with a waiting area, separate or secure from other witnesses, including the offender and relatives of the offender, before testifying in any proceeding concerning the offender; if a separate waiting area is not available, other safeguards should be taken to minimize the victim's contact with the offender and the offender's relatives and witnesses, before and during court proceedings;
9. the right to prompt return of any property of the victim that is held by a law enforcement agency or the attorney for the state as evidence when the property is no longer required for that purpose;
10. the right to have the attorney for the state notify the employer of the victim, if requested, of the necessity of the victim's cooperation and testimony in a proceeding that may necessitate the absence of the victim from work for good cause;
11. the right to counseling, on request, regarding acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus (HIV) infection and testing for acquired immune deficiency syndrome (AIDS), human immunodeficiency virus (HIV) infection, antibodies to HIV, or infection with any other probable causative agent of AIDS, if the offense is an offense under Section 21.02, 21.11(a)(1), 22.011, or 22.021, Penal Code;
12. the right to request victim-offender mediation coordinated by the victim services division of the Texas Department of Criminal Justice;
13. the right to be informed of the uses of a victim impact statement and the statement's purpose in the criminal justice system, to complete the victim impact statement, and to have the victim impact statement considered:
    1. By the attorney representing the state and the judge before sentencing or before a plea bargain agreement is accepted; and
    2. By the Board of Pardons and Paroles before an inmate is released on parole;
14. to the extent provided by Articles 56.06 and 56.065, for a victim of a sexual assault, the right to a forensic medical examination if, within 96 hours of the sexual assault, the assault is reported to a law enforcement agency or a forensic medical examination is otherwise conducted at a health care facility;
15. for a victim of an assault or sexual assault who is younger than 17 years of age or whose case involves family violence, as defined by Section 71.004, Family Code, the right to have the court consider the impact on the victim of a continuance requested by the defendant; if requested by the attorney representing the state or by counsel for the defendant, the court shall state on the record the reason for granting or denying the continuance; and
16. if the offense is a capital felony, the right to:
    1. receive by mail from the court a written explanation of defense initiated victim outreach if the court has authorized expenditures for a defense-initiated victim outreach specialist;
    2. not be contacted by the victim outreach specialist unless the victim, guardian, or relative has consented to the contact by providing a written notice to the court; and
    3. designate a victim service provider to receive all communications from a victim outreach specialist acting on behalf of any person.

Further, The University of North Texas at Dallas complies with TEXAS law in recognizing orders of protection by: UNTD Police Department enforces protective orders in accordance with the state of Texas Code of Criminal Procedure, For example, any person who obtains an order of protection from TEXAS or any reciprocal state (list reciprocal states) should provide a copy to Campus Police and the Office of the Title IX Coordinator.

A complainant may then meet with Campus Police to develop a Safety Action Plan, which is a plan for campus police and the victim to reduce risk of harm while on campus or coming and going from campus. This plan may include, but is not limited to: escorts, special parking arrangements, providing a temporary cellphone, changing classroom location or allowing a student to complete assignments from home, etc.) The University cannot apply for a legal order of protection, no contact order or restraining order for a victim from the applicable jurisdiction(s). The victim is required to apply directly for these services in conjunction with local law enforcement. Protection from abuse orders may be available through filing an application for protective order with the clerk of the court. The University may issue an institutional no contact order if deemed appropriate or at the request of the victim or accused. To the extent of the victim’s cooperation and consent, university offices will work cooperatively to ensure that the complainant's health, physical safety, work and academic status are protected, pending the outcome of a formal university investigation of the complaint. For example, if reasonably available, a complainant may be offered changes to academic, living, or working situations in addition to counseling, health services, visa and immigration assistance and assistance in notifying appropriate local law enforcement. Additionally, personal identifiable information about the victim will be treated as confidential and only shared with persons with a specific need to know who are investigating/adjudicating the complaint or delivering resources or support services to the complainant (for example, publicly available record-keeping for purposes of Clery Act reporting and disclosures will be made without inclusion of identifying information about the victim, as defined in 42 USC 1395 (a) (20).) Further, the institution will maintain as confidential, any accommodations or protective measures provided to the victim to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the accommodations or protective measures.

The University does not publish the name of crime victims nor house identifiable information regarding victims in the campus police departments Daily Crime Log or online. Victims may request that directory information on file be removed from public sources by request:
Office of the University of North Texas at Dallas Registrar: registrar@untdallas.edu 972-780- 3664

How to be an Active Bystander

Bystanders play a critical role in the prevention of sexual and relationship violence. They are “individuals who observe violence or witness the conditions that perpetuate violence. They are not directly involved but have the choice to intervene, speak up, or do something about it.”1 We want to promote a culture of community accountability where bystanders are actively engaged in the prevention of violence without causing further harm. We may not always know what to do even if we want to help. Below is a list of some ways to be an active bystander. Further information regarding bystander intervention may be found. If you or someone else is in immediate danger, dial 911.This could be when a person is yelling at or being physically abusive towards another and it is not safe for you to interrupt.

1. Watch out for your friends and fellow students/employees. If you see someone who looks like they could be in trouble or need help, ask if they are ok.
2. Confront people who seclude, hit on, try to make out with, or have sex with people who are incapacitated.
3. Speak up when someone discusses plans to take sexual advantage of another person.
4. Believe someone who discloses sexual assault, abusive behavior, or experience with stalking.

Refer people to on or off campus resources listed in this document for support in health, counseling, or with legal assistance.

E. Adjudication of Violations

Whether or not criminal charges are filed, the university or a person may file a complaint under the UNT Dallas Student Code of Conduct and Employee Ethics and Standards of Employee Conduct (7.001 of the Student Code of Conduct and 5.007 of the University Policies) alleging that a student or employee violated the University’s Student Code of Conduct or Title IX policies.

• Student Code of Conduct:  Policy 7.001 – Student Code of Conduct Steps, Anticipated Timeline, Decision Making Process
• Policy Prohibiting Discrimination and Harassment:  Policy 16.002 Prohibiting Discrimination and Harassment
• Policy Prohibiting sexual assault and retaliation: UNT Dallas Sexual Assault Policy
• Policy Prohibiting Discrimination and Harassment Procedures:  Policy 16.002. (2) Procedures and Responsibilities - Complaint Procedures

Reports of all domestic violence, dating violence, sexual assault and stalking made to Campus Police will automatically be referred to the Title IX Coordinator for investigation regardless of if the complainant choses to pursue criminal charges.

The university disciplinary process is consistent with the institution’s policy and will include a prompt, fair, and impartial investigation and resolution process transparent to the accuser and the accused. Usually, the resolution of complaints of sexual misconduct are completed within 60 days of the report, however the proceedings timeframe allows for extensions for good cause with notice to the accuser and the accused of the delay and the reason for the delay.

Investigators and hearing board members are trained annually on the issues related to domestic violence, dating violence, sexual assault, and stalking and taught how to conduct an investigation and hearing process that protects the safety of the victim and promotes accountability. The Student Code of Conduct and Employee Ethics and Standards of Employee Conduct provides the following:

1. The accuser and the accused student each have the opportunity to attend a hearing before a properly trained hearing board that protects the safety of victims and promotes accountability;
2. The accuser and the accused will have timely notice for meetings at which the accuser or accused, or both, may be present;
3. The institution will allow for timely access to the accuser, the accused and appropriate officials to any information that will be used after the fact-finding investigation but during formal and informal disciplinary meeting and hearings;
4. The institutional disciplinary procedures will not be conducted by officials who have a conflict of interest or bias for or against the accuser or the accused;
5. The institution provides the accuser and accused the same opportunities to have others present during an institutional disciplinary proceeding. The accuser and the accused student each have the opportunity to be advised by a personal advisor of their choice, at their expense, at any stage of the process and to be accompanied by that advisor at any meeting or proceeding. An advisor may only consult and advise his or her advisee, but not speak for the advisee at any meeting or hearing;
6. A student conduct decision is based on the preponderance of evidence standard, i.e. “more likely than not to have occurred” standard. In other words, the conduct process asks: “is it more likely than not that the accused student violated the university’s Student Conduct Code?”;
7. The accuser and the accused will be notified simultaneously in writing of the result of any disciplinary proceeding, as well as any changes to those result or disciplinary actions prior to the time that such results become final; and
8. The accuser and the accused each have the right to appeal the outcome of the hearing and will be notified simultaneously in writing, of any change to the result prior to the time that it becomes final and of the final result after the appeal is resolved.

Student Disciplinary Appeal Process: 

A person alleging sexual assault, domestic violence, dating violence, or stalking may also utilize the complaint and investigatory procedures set forth in the university’s policy against Sexual Harassment, Sexual Assault, and retaliation in order to remedy any hostile environment.

When a complainant does not consent to the disclosure of his or her name or other identifiable information to the alleged perpetrator, the university’s ability to respond to the complaint may be limited.

Confidentiality

The university will protect the identity of persons who report having been victims of sexual assault, domestic violence, dating violence, or stalking to the fullest extent of the law and as previously mentioned in this document.

Sanctions and Protective Measures

In all cases, investigations that result in a finding of more likely than not that a violation of the Student Code of Conduct and the Employee Ethics and Standards of Employee Conduct occurred will lead to the initiation of disciplinary procedures against the accused individual. Sanctions may be imposed upon those determined to have violated this policy. The University may implement protective measures following the report of domestic violence, dating violence, sexual assault and/or stalking which may include some or all of the actions listed below.

For students, sexual assault, domestic violence, dating violence, and stalking are violations of the Student Code of Conduct. Employees who violate this policy will be subject to discipline, up to and including termination of employment. Sexual assault, domestic violence, dating violence, and stalking are criminal acts which also may subject the perpetrator to criminal and civil penalties under federal and state law.

Student Sanctions for Misconduct

A. Warning

1. A verbal or written notice to a student that they have violated the Code and must not engage in violations in the future.
2. No impact on good conduct standing.
3. Not subject to review by the Committee.

B. Educational Sanction

1. An assignment designed to educate a student about the potential impact of misconduct and to prevent reoccurrence, may include referral to the Substance Abuse Resource Center, education workshops or assignment of reflection papers.
2. No impact on good conduct standing.
3. Not subject to review by the Committee.
4. Failure to comply with the assignment may result in further discipline.

C. University Restrictions

1. A temporary or permanent restriction of University privileges, including but not limited to, the ability to participate in an organizational intake process or hold a leadership position in a student group, to participate in study abroad programs, to register as a student group, or to participate in social or extracurricular events; may also result in withholding of an official transcript or blocking enrollment for a specified period of time.
2. No impact on good conduct standing.
3. Not subject to review by the Committee unless loss of privileges is related to another reviewable sanction.
4. Student groups may request reconsideration of a restriction no sooner than one (1) year after the date that the sanction was imposed. Reconsideration will be at the discretion of the UNTDSA Representative. The decision of the UNTDSA Representative is final and the Student Group may not request reconsideration again until date specified by the UNTDSA Representative.

D. Level I Conduct Probation

1. 1. A written reprimand that expires automatically after a specified time but includes the probability of a more severe sanction if a student violates the Code again during the probationary period.
2. 2. No impact on good conduct standing.
3. 3. Not a permanent conduct record.
4. 4. Not subject to review by the Committee.

E. Level II Conduct Probation

1. A written reprimand that expires automatically after a specified time but includes the probability of a more severe sanction if a student violates the Code again during the probationary period.
2. Good conduct standing is removed during the specified period.
3. Not a permanent conduct record.
4. Not subject to review by the Committee.

F.  Level III Conduct Probation

1. A written reprimand that remains in effect that during the remainder of the student’s academic career (including future enrollments) and includes the probability of more severe sanction if s student violates the Code again.
2. Good conduct standing is removed for the remainder of a student’s academic career at the University.
3. Becomes a permanent conduct record.
4. May be reviewed by the Committee.
5. Sanction cannot be applied to student groups.
    

G.  Student Suspension

1. Removal from the University for a Specified Period of time. A suspended student will be removed from enrollment, prohibited from entering University premises and blocked from future registration until reviewed and approved by UNTSDA.
2. Good conduct standing is removed.
3. Becomes a permanent conduct record.
4. May be reviewed by the Committee.
5. Must meet with a UNTDSA Representative after suspension term is over to be re-instated to the University.

H.  Student Group Suspension

1. Removal of privileges and recognitions accorded to student groups for a specified period of time as defined by the UNTDSA Representative.
2. Student group will not be permitted to participate as a recognized student group in University activities or functions, or to sponsor any activities representing the University.
3. Student groups may submit a request the UNTDSA Representative for reinstatement after the expiration of the specified period of time.
4. May be reviewed by the Committee.

I. Expulsion

1. Permanent removal from the University. An expelled student will be permanently removed from enrollment and permanently prohibited from entering any University premises.
2. Good conduct standing is permanently removed.
3. Becomes a permanent conduct record.
4. May be reviewed by the Committee.
5. Sanction cannot be applied to student groups.

J.  University Withdrawal – A student may be administratively withdrawn from a class, a course, or all courses. A withdrawn student may also be prohibited from entering University premises and barred from re-enrollment until specific conditions are met. Reasons for University withdrawal include, but are not limited to:

1. To prevent the disruption of the education process.
2. The student failed to respond to an official summons from a University official.
3. The student has been suspended or expelled from the University.

K.  Immediate Suspension – Immediate removal from all or part of the University premises while the conduct process is pending when a violation reasonably indicates that the student’s continued presence poses a substantial or immediate danger to the health, safety or welfare of any member of the University community or to the University premises.

L.  Immediate Suspension of Student Group – The group will cease all activities, meetings, programs and representation as a group while an investigation is in progress by UNTDSA. A student group can be immediately suspended for posing a substantial or immediate danger to the health, safety or welfare of any member of the University community or to the University premises.

The Title IX Coordinator or their designee will determine whether interim interventions and protective measure should be implemented, and, if so, take steps to implement those protective measures as soon as possible. Examples of interim protective measures include, but are not limited to: a University order of no contact, residence hall relocation, adjustment of course schedules, a leave of absence, or reassignment to a different supervisor or position. These remedies may be applied to one, both, or multiple parties involved. Violations of the Title IX Coordinator’s directives and/or protective measures will constitute related violations that may lead to additional disciplinary action. Protective measures imposed may be temporary pending the results of an investigation or may become permanent as determined by The University of North Texas at Dallas.

Sex Offender Registration

The federal Campus Sex Crimes Prevention Act, enacted on October 28, 2000, requires institutions of higher education to issue a statement advising the campus community where law enforcement agency information provided by a State concerning registered sex offenders may be obtained. It also requires sex offenders already required to register in a State to provide notice, as required under State law, of each institution of higher education in that State at which the person is employed, carries on a vocation, volunteer services, or is a student.