For more frequently asked questions and their answers, please see the United States Department of Education Office for Civil Rights' "Questions and Answers on Title IX and Sexual Violence." For selected questions and answers, see below.
If you have further questions, please contact the Title IX Coordinator.
|What is Assault?||Must I report being assaulted?|
|What is Title IX?||Can a sexual assault be pursued if it did not occur on the grounds of the university?|
|Does Title IX cover employee-student violence?||If I tell the school of my assault, do I have to press charges?|
|Does Title IX protect all students?||What if I am not a student but my assault occurred on campus?|
|Are there complications with being an international student?||What if the perpetrator is not affiliated with the university?|
|What should I do if I am told of an assault?||As an employee/student, am I required to report possible sexual assaults?|
|Will the perpetrator be at the hearing at the same time as the victim?||Will my sexual history be considered in a hearing?|
|What must I do to make an appeal with the university?||Do I have to pay a fee to file with the university?|
|What are a Title IX Coordinator's responsibilities?||Will my parents be notified?|
|Can my report not be placed in a CSO report?||What if the assaulter retaliates due to my report?|
|Can sexual assault occur and be filed if the two individuals are the same sex?|
For the state of Texas, assault falls into two categorical types, personal and sexual. Personal assault is defined as when a person:
Title IX of the Education Amendments of 1972 ("Title IX"), 20 U.S.C. §1681 et seq., is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. All public and private elementary and secondary schools, school districts, colleges, and universities receiving any Federal funds must comply with Title IX. Under Title IX, discrimination on the basis of sex can include sexual harassment or sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion.
Yes, Title IX also protects students from other forms of sexual harassment (including sexual violence and sexual abuse), such as sexual harassment carried out by school employees. Sexual harassment by school employees can include unwelcome sexual advances; requests for sexual favors; and other verbal, nonverbal, or physical conduct of a sexual nature, including but not limited to sexual activity.
Yes. Title IX protects all students at institutions that receive federal funding from sex discrimination, including sexual violence. Any student can experience sexual violence: from elementary to professional school students; male and female students; part-time and full-time students; students with and without disabilities; and students of different races and national origins; etc.
There should not be. Title IX protects all students at recipient institutions in the United States regardless of national origin, immigration status, or citizenship status. A school should ensure that all students regardless of their immigration status, including undocumented students and international students, are aware of their rights under Title IX. A school must also ensure that any school reporting forms, information, or training about sexual violence be provided in a manner accessible to students who are English language learners.
One's first response should always be to care for the person. Console them, make sure they know that they are safe now. Be sure to get them immediate medical attention if necessary. Beyond this, encourage them to seek help. Being assaulted can have serious consequences and there is help available. Also encourage them to let the university know by contacting Dore Madere or Charles Steadman as not only can they arrange for medical care to be provided but they can enact provisions that will protect the individual from further encounters with the perpetrator. HOWEVER, if you are an employee of the university, you may be required to report the incident to Madere or Steadman. Under Title IX, whether an individual is obligated to report incidents of alleged sexual violence generally depends on whether the individual is a responsible employee of the school. A responsible employee must report incidents of sexual violence to the Title IX coordinator or other appropriate school designee, subject to the exemption for school counseling employees. According to US Department of Education Office of Civil Rights' 2001 Guidance, a responsible employee includes any employee: who has the authority to take action to redress sexual violence; who has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX coordinator or other appropriate school designee; or whom a student could reasonably believe has this authority or duty. If you are a responsible employee, be sure the person understands your obligation to report before they confide in you.
Possibly, but not necessarily. The US Department of Education Office of Civil Rights does not require that the school allow a complainant to be present for the entire hearing; it is up to each school to make this determination. At the University of Dallas, if either party makes a request on this subject, accommodations will be made.
The appeals option may or may not be given to both parties, depending on the case. However, if one is granted to one party, the other party will be given the same rights. If a decision is made and you wish to make an appeal, bring this to the attention of the Director of Student Life, Dore Madere, or the officer who conducted your hearing.
A Title IX coordinator's core responsibilities include overseeing the school's response to Title IX reports and complaints and identifying and addressing any patterns or systemic problems revealed by such reports and complaints. This means that the Title IX coordinator must have knowledge of the requirements of Title IX, of the school's own policies and procedures on sex discrimination, and of all complaints raising Title IX issues throughout the school. Because the Title IX coordinator must have knowledge of all Title IX reports and complaints at the school, this individual is generally in the best position to evaluate a student's request for confidentiality in the context of the school's responsibility to provide a safe and nondiscriminatory environment for all student.
Campus safety is required by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) to release to the public certain criminal statistics. Thus, the statistics involving sexual assaults must be release but such reports will not include any identifying information, such as names or residential address of the victim.
Yes and a school's obligation to respond appropriately to sexual violence complaints is the same irrespective of the sex or sexes of the parties involved. Title IX protects all students from sexual violence, regardless of the sex of the alleged perpetrator or complainant, including when they are members of the same sex. A school must investigate and resolve allegations of sexual violence involving parties of the same sex using the same procedures and standards that it uses in all complaints involving sexual violence. The fact that incidents of sexual violence may be accompanied by anti-gay comments or be partly based on a student's actual or perceived sexual orientation does not relieve a school of its obligation under Title IX to investigate and remedy those instances of sexual violence.
You are under no legal obligation to report your assault. However, it is highly recommended you do so for the safety of yourself, both from the occurrence in questions as you may need protection and medical attention and from any reoccurrences, and for others as the situation may now occur for another.
It can be. As stated in the Student Handbook, any police report that includes University of Dallas students will be sent to the Office of Student Life and dealt with accordingly. However, even if a sexual assault has not been filed with the police, if you bring it to the attention of the Office of Student Life or Campus Safety, it will still be processed as if it occurred on campus, especially if all individuals are UD students. In the case that the perpetrator is not a UD student, the university can take measures to disallow this individual's presence on campus; if the victim is not a UD student and the perpetrator is, the university will process the incident and punish all guilt parties accordingly. If more is desired in terms of reporting, there is also the option of reporting any incident to the local police.
If you confide in a responsible employee (for explanation of this term, see here), it is still entirely up to you whether or not you wish to press charges. However, note that the university is obligated to investigate and provide protective measures against any harmful environment and thus may continue to look into the case despite your not pressing charges. If you do not wish to press charges or release any information beyond that such an incident occurred, the university will be significantly crippled in its ability to help and protect you.
If the perpetrator is a student, you are encouraged to report the incident to the university so that we may take the necessary precautions to ensure it will not occur again. However, if neither party is affiliated with the university, it would be more effective for it to be filed with the Irving Police.
You are still encouraged to report it. Once it is brought to the university's attention, we can help you get any help you need and ensure that the perpetrator is not allowed on campus or to university events in the future.
As an employee, there are certain requirements concerning possible incidents of sexual assault. Under Title IX, whether an individual is obligated to report incidents of alleged sexual violence generally depends on whether the individual is a responsible employee of the school. A responsible employee must report incidents of sexual violence to the Title IX coordinator or other appropriate school designee. According to US Department of Education Office of Civil Rights' 2001 Guidance, a responsible employee includes any employee: who has the authority to take action to redress sexual violence; who has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX coordinator or other appropriate school designee; or whom a student could reasonably believe has this authority or duty. Note that at the University of Dallas this does include RA's. A responsible employee must report to the school's Title IX coordinator, or other appropriate school designee, all relevant details about the alleged sexual violence that the student or another person has shared and that the school will need to determine what occurred and to resolve the situation. This includes the names of the alleged perpetrator (if known), the student who experienced the alleged sexual violence, other students involved in the alleged sexual violence, as well as relevant facts, including the date, time, and location.
As a student, one is not required to report possible sexual assaults but are highly encouraged to do so in order that any dangers to students and employees on campus may be alleviated.
It will not be; The US Department of Education, Office of Civil Rights states that "questioning about the complainant's sexual history with anyone other than the alleged perpetrator should not be permitted...The school should also ensure that hearings are conducted in a manner that does not inflict additional trauma on the complainant."
You do not, all proceedings, medical attention, and counseling received at the University of Dallas is free of charge.
Only if you wish them to be. The University of Dallas records such incidents as student records which are protected by the Family Educational Rights and Privacy Act. Among other things, this means that as a legal adult and student of the university, your educational records will only be released to your parents when you sign a FERPA information release form. Your parents have no legal claim to this information except with your permission.
In accordance with Title IX, the University of Dallas will do all that is reasonably possible to ensure that this does not occur. Measures can include but are not necessarily limited to: changing class schedules, changing rooms or halls, changing extra-curricular activities, enacting a "no-contact" decree against the perpetrator, etc.