Title IX Questions (Sexual Misconduct)
Title IX of the Education Amendments of 1972 is a Civil Rights law. The law states:
"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any educational programs or activity receiving federal financial assistance."
You can learn more about relevant policies by visiting the University of Houston System Policies including the:
- Sexual Misconduct Policy
- Consensual Relationship Policy
- See also equal opportunity information in the Anti-Discrimination Policy
The University of Houston has an affirmative consent policy.
Consent is an informed, free and affirmative. Consent is verbal or non-verbal communication showing willingness to participate in a particular sexual activity.
Consent is active, not passive. A person cannot infer consent from the absence of a “no.” A person cannot assume they have consent from silence or lack of protest or resistance. Consent can be verbal or inferred from actions demonstrating permission.
A prior dating relationship or sexual relationship is not a basis to assume of consent to future sexual activity.
Consent must be present throughout the sexual activity. Consent to some form of sexual activity cannot be automatically taken as consent to any other sexual activity. At any time, a person can communicate that they no longer consent to continuing the sexual activity.
A person cannot consent if physical force or violence is used or threatened.
A person who is incapacitated cannot consent to sexual activity. Incapacitation can occur if:
- The person is unconscious or otherwise unable to resist,
- The person is unaware that sexual activity is occurring,
- The person does not have the legal capacity to consent, or
- The person is mentally or physically incapacitated due to the influence of drugs, alcohol, or medication and as a result the person is temporarily not capable of understanding, appraising or controlling their conduct.
To learn more about consent policies, see the University of Houston System Sexual Misconduct Policy (policy link at the bottom of this page).
The Policies prohibit discrimination on the basis of sex (including gender identity, gender expression and sexual orientation) in educational programs and activities receiving federal financial assistance. Title IX prohibits sexual misconduct including:
- Sexual harassment,
- Sexual assault,
- Non-consensual sexual contact,
- Sexual exploitation,
- Sexual intimidation
- Stalking, and
- Intimate partner violence (includes domestic or dating violence).
The University provides resources and reporting options to students, faculty, staff and visitors to address concerns related to sexual misconduct. Whenever we know of or suspect that an incident of sexual misconduct has occurred or is occurring, the University is required to take appropriate action in an effort to eliminate sexual misconduct, prevent its recurrence and address its effects.
The Title IX Coordinator is the designated university official with primary responsibility for Title IX compliance. The Title IX Coordinator:
- Manages the response to reports and complaints of possible sex discrimination;
- Monitors case outcomes to identify and address any patterns of misconduct;
- Analyzes the campus climate to address issues that affect the wider school community;
- Provides leadership for Title IX related activities;
- Consults with campus first responders and community resources;
- Delivers campus wide communications on Title IX issues;
- Oversees education and training to the campus community; and
- Helps ensure the University responds appropriately, effectively and equitably to Title IX issues.
Rebecca Lake, Senior Director for Equal Access, serves as the UHV Title IX and Equal Opportunity Coordinator. She is available by phone or email and can schedule meetings to discuss policies and services:Rebecca LakeTitle IX and Equal Opportunity CoordinatorUniversity of Houston-Victoria3007 N. Ben Wilson St.University West, Room 116Victoria, TX 77901(361) firstname.lastname@example.org
The University will take appropriate action in an effort to eliminate sexual misconduct, prevent its recurrence and address its effects.
All members of the University are expected to adhere to the UH System Sexual Misconduct Policy and cooperate with the procedures for responding to complaints. See policy link at the bottom of this page.
Responsible Employees must report conduct or behavior that they believe to be in possible violation of this Policy to the Title IX Coordinator.
The University will take seriously allegations of sexual misconduct. During the investigation, the University will work to ensure all persons are given appropriate support and fair treatment.
If the investigation finds an individual within the control of the University violated this Policy, the University will take prompt and appropriate disciplinary action.
No, the Policy protects students, faculty, staff and visitors to campus.
If you know about or experienced sexual misconduct, you may speak to:
- Police: In an emergency, dial 911. For security officers or to file a campus police report, call (361)570-4357 or 361-570-HELP. UHV-Katy security is available by calling (281)396-3777.
- Confidential Advisor: Licensed Counselors are available free to enrolled students at the UHV Counseling Center by calling (361)570-4135 or toll free: (855)848-4279.
- Title IX Coordinator: Rebecca Lake in University West, room 116, or call (361)570-4835.
You may file an anonymous report online at the Fraud & Non-Compliance Hotline or by calling (800)461-9330. However, filing a report without many details of the incident may limit our ability to respond. If a reporter's identity is discovered during investigation, the reporter will receive the same confidentiality safeguards offered to those who make a formal report under the Policy. Responsible Employees should not use the anonymous report option unless they personally experienced the misconduct.
University of Houston System Sexual Misconduct Policy.