Appendix H
Prohibition of Sexual Assault

It is the policy of the University of Texas at Austin to strive to maintain an environment that is free from intimidation and one in which students may be educated to their fullest potential. The University should foster an understanding of difference and cultivate the ethical and moral issues that are the basis of a humane social order. Therefore, the University will not tolerate physical abuse, threats of violence, physical assault, or any form of sexual assault, including but not limited to acquaintance or date rape.

A student who individually, or in concert with others, participates or attempts to participate in a sexual offense, including but not limited to sexual assault or abuse of, threats against, or the unwanted touching of an intimate area of any other student, is subject to disciplinary action by the University, notwithstanding any action that may or may not be taken by the civil authorities.[1] In addition to incidents that occur on the University campus, the University may take disciplinary action in response to incidents that take place during official functions of the University, or those sponsored by registered student organizations, or incidents that have a substantial connection to the interests of the University of Texas at Austin regardless of the location in which they occur.

Options for Survivors of Sexual Assault

Police and Medical

A student who experiences any form of sexual assault is encouraged to call the police (911) immediately. Reporting an assault to law enforcement does not mean that the case will automatically go to criminal trial or a University disciplinary hearing. If the police are called, a uniformed officer will be sent to the scene to take a detailed statement.

In the hours and days immediately following a sexual assault, a survivor has the option to have a forensic medical examination performed by a Sexual Assault Nurse Examiner (SANE). It is important to note that this exam is voluntary. The evidence collected during this exam is admissible in court. The evidence is preserved and can be used should the survivor choose to cooperate with law enforcement regarding any possible charges against the assailant in the future. The SANE exam must be performed within the first ninety-six hours following a sexual assault. If police are called and the survivor elects to participate in this exam, the police will provide transportation to the closest hospital that offers it. If the survivor declines the exam, information regarding options in the Austin area will be provided for possible future action at the discretion of the survivor.

The survivor is strongly encouraged to seek medical care and to be treated for any injuries, both internal and external, and to be tested for sexually transmitted infections, regardless of whether the police were contacted or a SANE exam was performed. This medical care can be done on campus at University Health Services, at a local emergency room, or by a private physician off-campus.

Advocacy and Counseling

The Voices Against Violence Program (VAV) in the University Counseling and Mental Health Center ([512] 471-3515) is available to provide support services for any student who has been affected by sexual assault. VAV can provide help to survivors regarding safety, legal, medical, academic, and housing options. The program also offers individual and group counseling. For assistance after 5:00 PM and on weekends, there is a telephone counseling service that can be reach twenty-four hours a day every day, including holidays. The telephone number is (512) 471-CALL (471-2255). Callers may remain anonymous. The nonprofit organization SafePlace also offers a twenty-four-hour hotline for survivors of sexual assault and domestic violence. The phone number is (512) 267-SAFE (267-7233). Students who may have been assaulted by someone who is not affiliated with the University may contact any of the available University support services listed below under Programs and Support Services.

Administrative Complaint and Investigation

A student may file a complaint against another student by contacting the Student Judicial Services area of the Office of the Dean of Students directly at (512) 471-2841. Students may choose to file a complaint with the Student Judicial Services staff whether or not they choose to cooperate with law enforcement in a criminal investigation. Students who wish to file a complaint against a faculty or staff member may contact the associate dean of students at (512) 471-5017; however, this policy does not apply to cases involving an assault by a faculty or staff member. See Appendix D, Policy on Sex Discrimination and Sexual Harassment; and Appendix J, Prohibition of Campus Violence.

When a student reports that the campus regulations prohibiting sexual assault have been violated, informal procedures that provide for the protection of the emotional health and physical safety of the complainant may be invoked. For example, a student who lives on campus may be moved to another campus living environment if he or she chooses or may be allowed to drop a class. Such arrangements will be facilitated through the Office of the Dean of Students. If the complainant provides credible evidence that the accused student presents a continuing danger to person or property or poses an ongoing threat of disrupting the academic process, the Office of the Dean of Students may take interim disciplinary action against the accused student as appropriate.

Students who wish to file a complaint that will be addressed by the University disciplinary system will work with Student Judicial Services. The details of the University conduct rules, as well as possible sanctions that may be imposed against a student found guilty of a violation of University rules and regulations, may be found in Appendix C, chapter 11.

Notwithstanding the rights of the accused student, a complainant under this policy is entitled to the following rights:

• The right to be present during the entire hearing, notwithstanding the fact that the complainant is to be called as a witness. (The accused student has the same right.)
• The right to have a support person present during the hearing. This person is not entitled to represent the complainant nor to assist him or her with his or her testimony. If the support person is to act as a witness, the hearing officer may require him or her to testify prior to the complainant.
• The right not to have evidence of his or her past sexual history with third parties admitted as evidence.
• The right to have the hearing closed to spectators unless both the accused and the complainant consent in writing to have the hearing open to the public.
• The right to know the outcome of the hearing as defined by federal law.

Programs and Support Services

Below is a list of educational and preventive programs and support services on campus that address the issue of sexual assault. Brochures and other printed materials are available from each office. Additional information may be obtained by calling the numbers or visiting the Web sites listed.

Campus Resources

Counseling and Mental Health Center, Voices Against Violence Program (VAV) (512) 471-3515.

• Provides advocacy services to help survivors with safety, legal, housing, academic, and medical options
• Offers individual and group counseling services for survivors of sexual assault, relationship violence, and stalking
• Operates twenty-four-hour telephone counseling service at (512) 471-CALL (471-2255)
• Offers interactive peer theatre educational programming that addresses the complex issues surrounding sexual assault on campus
• Gives first responder training that is customized for faculty and staff members
• Manages VAV Survivor Emergency Fund

University Health Services.

Appointments: (512) 471-4955
Twenty-four-hour Nurse Advice Line: (512) 475-NURS (475-6877)
Health Promotion Resource Center: (512) 475-8252

• Provides general exams to treat injuries, both internal and external
• Performs testing for sexually transmitted infections after an assault
• Distributes educational and prevention information

Office of the Dean of Students. (512) 471-1201.

Student Emergency Services. (512) 471-5017

• May provide limited emergency funds to survivors of sexual assault
• Assists with academic issues
• Provides referrals within the University and in Austin when necessary
• Serves as an advocate for students while working with other campus departments

Behavior Concerns Advice Line (BCAL). (512) 232-5050

• Allows members of the University community to discuss their concerns about an individual’s behavior
• Offers a centralized resource that is available twenty-four hours a day for anyone who is not sure how to help a person he or she is concerned about
• Operates as a partnership between the Office of the Dean of Students, the Counseling and Mental Health Center, the Employee Assistance Program, and the University of Texas Police Department

New Student Services. (512) 471-3304

• Provides programs to raise awareness of sexual assault on campus and resources for prevention and support
• Trains Orientation advisers about issues related to sexual assault and interpersonal violence
• Gives all freshmen who attend Orientation a wallet card highlighting important campus and local resources

Greek Life and Intercultural Education. (512) 471-9700

• Conducts educational workshops for individual fraternities and sororities
• Provides sexual assault education to all incoming pledges

University of Texas Police Department. (512) 471-4441.

• Offers crime prevention presentations that include issues related to assault
• Publishes crime statistics information
• Teaches free Rape Aggression Defense (RAD) classes to all female University students, staff members, and faculty members

University Residence Halls. (512) 471-8631.

• Trains resident assistants on issues related to sexual assault
• Includes discussion of issues related to sexual assault in floor meetings
• Offers educational programs in the residence halls
• Publishes an online safety handbook
• Offers individual and group support and follow-up

Resources in the Community

SafePlace. (512) 267-SAFE.

• Operates a twenty-four-hour hotline
• Helps survivors navigate the forensic medical exam
• Offers individual and group therapy for survivors of sexual assault and domestic violence
• Provides domestic violence shelter services

Austin Police Department. 911.

• At 911, provides emergency response and takes reports of sexual assaults
• Offers Victim Services counselors at (512) 974-5037

St. David’s Hospital Emergency Room. (512) 544-4240

• Performs SANE exam if survivor makes a police report. The cost of the exam is covered by law enforcement, and it is preferable to call before the exam.
• Operates emergency room at 919 East 32nd Street, Austin, 78705