SEXUAL ABUSE AND HARASSMENT Chris Riley Associate General Counsel

SEXUAL ABUSE What? Sexual touching or exploitation of minor Where? Any programs with non-enrolled minors (under 18) Prevention: Buddy system or background checks – Child NEVER left alone with only one ACU student Reporting: Duty to report suspected abuse to State of Texas – –

SEXUAL HARASSMENT What is Title IX? – Prohibits sexual harassment in all ACU programs/activities – Requires ACU respond to complaints and protect students from harassment regardless of where it occurs What is sexual harassment? -Quid Pro Quo -Hostile Environment -Non-consensual sexual misconduct -Why does this matter to social clubs? -ACU policies prohibit sexual harassment in club activities -Allows clubs to be punished for violations by members/officers

QUID PRO QUO Unwelcomed sexual conduct required for participation or serving as a basis for a decision Example in work context – Sleep with me or I’ll fire you – Go out with me or else Examples in Social Club or Pledging – Suggesting a pledge kiss a certain person as a condition of pledging or to get a visit – Threatened a pledge with punishment if they don’t flash someone

HOSTILE ENVIRONMENT Unwelcomed conduct of a sexual nature that is so severe, persistent, or pervasive that is unreasonably interferes with participation in program Examples – Daily sexual propositions or flirtations – Use of sexually degrading language or jokes – Graphic sexual commentaries on a person’s body, dress, appearance or sexual activities – Degrading innuendoes, insulting sounds, obscene calls – Sexually suggestive posts, materials, or pictures

NON-CONSENSUAL SEXUAL MISCONDUCT Non-consensual touching (touching someone sexually or making someone touch you or someone else in a sexual nature (with object or body part) Non-consensual intercourse (i.e. rape) Exposing yourself or making another expose themselves Non-consensual videotaping of sexual activity

CONSENT No burden to resist Permission must be given – Silence ≠ consent – Incapacity RAPE MYTHS – Dress – Location and time – Sexual history or victim’s gender BURDEN OF PROOF SEXUAL ASSAULT

EMERGENCY CARE ACUPD Hendrick (SANE) Regional Crime Victim Crisis Center REPORTING ACU – Anti-harassment policy ACUPD – Criminal charges RESOURCES ACU Counseling Center Regional Crime Victim Crisis Center RESPONDING TO SA

ACU POLICIES AND PROCESS ACU Anti-Harassment Policy Assigns a Title IX Coordinator and Deputy Coordinators – Receive reports and investigate claims – Institute interim measures – Establishes limited immunity for reporters – Confidentiality - only people that need to know will be told Establish process to determine violation and punishment

ACU POLICIES AND PROCESS Student Organization Handbook Prohibits both harassment generally and specific conduct related to pledging (ex. verbal abuse, requiring pledges from partial or fully disrobing) Allows clubs to be punished for acts of members “A student organization may also be guilty of sexual abuse or harassment if it condones or encourages such behavior, or if an officer or any group of members commits or assists in such acts. In those situations, the student organization may face disciplinary actions, including, but not limited to, loss of its student organization’s status.”

HAZING Chris Riley Associate General Counsel

Texas State Law – Actions that endanger the mental or physical health or safety of a student for the purpose of being part of a group ACU Hazing Policy ( – Any action which humiliates, intimidates, embarrasses, degrades, threatens or abuses is prohibited and will result in disciplinary action. WHAT IS HAZING?

Texas law – Whipping, belting, striking, branding, placing harmful substances on body, etc. ACU Student Org. Handbook (p ) – Any activity involving physical touching intended to inflict pain – Any activity that involves placing any substances on a pledge or placing a pledge in substances (unless approved). PHYSICAL BRUTALITY

Texas Law – Sleep deprivation, exposure to elements, confinement is small spaces, calisthenics, or other activity that subjects the student to an unreasonable risk of harm ACU Student Org. Handbook (p ) – Excessive sleep deprivation – Environment that endangers new members through restriction of the senses or create physical or emotional discomfort or that endanger one’s physical safety – Physical exertion for the sake of physical exertion – Any repetitive physical activity that could be considered callisthenic in nature. – Any activity that involves water unless in a swimming pool with appropriate supervision. PHYSICAL ACTIVITY

Texas law – Any activity involving consumption of a food or beverage that subjects the student to an unreasonable risk of harm ACU Student Handbook (p ) – Any activity that requires one to eat or drink anything or place any foreign object in any orifice of the body. CONSUMPTION

Texas law – Any activity that intimidates or threatens the student with ostracism, or that subjects the student to extreme mental stress, shame, or humiliation. ACU Student Org. Handbook (p ) – Personal servitude – Requiring new members to partially or fully disrobe – Any activity that constitutes a negative form of group discipline (punishment). – Any activity that constitutes correction of an individual pledge unless conducted only in the presence of the officers and advisors and is constructive and incremental. – Any yelling of derogatory, insulting or threatening language. EMOTIONAL

Criminal offense of hazing: – Engage in hazing; – Encourage, direct, or aid another in engaging in hazing; – Intentionally, knowingly or recklessly permit hazing to occur; or – Have firsthand knowledge of the planning or occurrence of a specific hazing incident, and knowingly fail to report it in writing to the Dean of Students or other appropriate officials. CRIMINAL OFFENSES

Criminal Sanctions – Failing to Report: a Class C misdemeanor; $500 – Engage in or Aid in Hazing (No Serious Injury): a Class B misdemeanor; $2,000; county jail up to 180 days – Engage in or Aid in Hazing (W/ Serious Injury): a Class A misdemeanor; $4,000; county jail up to 1 year – Engage in or Aid in Hazing (Death): a State Jail Felony; $10,000; state jail between 180 days to 2 years Professional Consequences – Doctors, lawyers, speech path, counselors, social workers, teachers etc – Graduate school or employment CONSEQUENCES

Civil Liability – Lawsuits against you (your parent’s homeowners insurance) – Indemnification for advisors but not students – Students actual indemnify ACU Who will judge you? – Not pledges, friends, alums, or advisors – Parents of a pledge, police, prosecutor, plaintiff’s counsel, prospective employers, or jury CONSEQUENCES

Prevent it – Student Organization Handbook (see pg ) provides list of prohibited activities – Cover with both members and pledges Stop it Report it – – Mark, Tom, Dean of Students – Immunity YOUR RESPONSIBILITIES