Michelle Willbanks, Director EOS, Title IX Coordinator
Student and Administration Building
841 W. Mitchell St., Arlington, TX 76019
P.O. Box 19110
Title IX of the Educational Amendments of 1972 is a federal law that prohibits sex discrimination in education. It includes: sexual harassment, gender-based harassment, sexual violence, domestic violence, dating violence, sexual exploitation and stalking. In addition, UTA’s Sexual Misconduct Policy EI-PO8 also prohibits other inappropriate sexual misconduct.
Title IX protects all community members, including students, faculty, staff, and visitors. We know that people of all genders and sexual orientations can experience sex discrimination including: sexual harassment, gender-based harassment, sexual violence, domestic violence, dating violence, sexual exploitation, stalking and other forms of sexual misconduct.
In general, Title IX impacts the effective accommodation of interests and abilities in sports, the proportionality of financial assistance available to female and male student-athletes, and the treatment of student-athletes regarding the equivalency athletic benefits and opportunities. Although Title IX was not created as a means to affect equitable treatment in athletics, the law has had a profound effect on sports and is often thought of in the context of athletics.
The Title IX Coordinator is the designated agent of UTA with primary responsibility for coordinating University Title IX compliance efforts. The Title IX Coordinator oversees the prompt investigation of complaints alleging violations of UTA’s Sexual Harassment and Misconduct Policy (Policy EI-PO8); reviews proposed remedies (including interim measures) necessary to address the sexual harassment, eliminate any hostile environment, and prevent is re-occurrence; coordinates Title IX efforts including the development, implementation and monitoring of appropriate disclosures, policies, procedures and practices designed to comply with federal and state legislation; and oversees education and outreach to faculty, staff, and students on Title IX and related issues.
UTA’s Title IX Coordinator is:
Student and Administration Building
841 W. Mitchell St.
Arlington, TX 76019
UTA has identified 4 Deputy Title IX Coordinators who serve as important points of contact to advise students, faculty, employees, third parties or members of the broader community.
Title IX Investigators are responsible for the prompt, effective and equitable intake, investigation, processing, issuing of findings of fact, and timely resolution of all instances of sex/gender discrimination reported or filed by students, faculty, employees, third parties, or by members of the broader community with a particular emphasis on investigating alleged cases of sexual assault, sexual harassment and relationship violence. When a complaint is filed, the assigned Title IX Investigator will conduct a prompt and thorough investigation which includes: identifying and interviewing witnesses, gathering and securing relevant documentation, and identifying other information that would be relevant. The investigator acts as a neutral party in the investigation and provides a detailed, unbiased report to the Title IX Coordinator regarding the findings of the investigation.
Sexual Misconduct, as defined in UTA's Sexual Misconduct Policy, includes a range of unwelcome conduct, including verbal and physical sexual harassment, sexual assault, and other forms of sexual violence, each of which is a form of prohibited sex discrimination. Other criminal behavior such as family (domestic) violence, dating violence and stalking that is generally (though not exclusively) sex-based is also considered Sexual Misconduct under UTA's policy.
Sexual Harassment is unwelcome conduct of a sexual nature including but not limited to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, when:
Sexual violence is a form of sexual harassment and refers to physical sexual acts perpetrated against a person who has not consented or who is incapable of giving consent. Examples of sexual violence include, but are not limited to, rape, sexual assault, sexual battery, and sexual abuse.
The Texas Penal Code - Section 22.011 defines sexual assault in several ways. Generally, sexual assault is any unwanted, non-consensual sexual contact against any individual by another. Sexual assault can occur either forcibly (against a person's will) or when a person cannot give consent (under the age of consent, intoxicated, developmentally disabled, mentally/physically unable to consent, etc.).
If you believe you are a victim of sexual violence, please contact UTA P.D. If it is an emergency, please contact 817-272-3003. Otherwise contact 817-272-3381 (non-emergency number).
Yes. If you have been subjected to unwanted sexual contact or sexual harassment, your gender and the gender of the alleged perpetrator are irrelevant. Such conduct is prohibited by Title IX and UTA's policy.
Find a safe place away from the assailant and call the police.
The Title IX Coordinator also can coordinate other assistance including no contact orders, escort or transportation services, relocation of the individuals involved, and reassignment of schedules if the victim and the accused have similar schedules.
Consent is a voluntary agreement between participants to engage in sexual activity and is determined by all the relevant facts and circumstances. There are many ways to give consent. Consent cannot be given by someone who is incapacitated for any reason (because of the victim's age, mental health or other disability, unconsciousness, or use of drugs or alcohol). Additionally, consent cannot be implied by silence, the absence of resistance, or past consent with the same person or another person. Even if a person has given his or her consent to engage in sexual activity, consent to engage in further sexual activity can be withdrawn at any time. Consent is invalid where it is given under coercion, force, or threats. Further detailed definitions of consent and incapacitation may be found in UTA’s Sexual Misconduct Policy EI-PO8.
Yes, if the incident has sufficient ties to UTA (if it occurs at a UTA event, if it involves a UTA student, staff member or faculty member, etc.) then UTA can investigate, and provide support and resources.
You can report to the university no matter where the incident occurred. While studying abroad, we encourage you to report to a faculty liaison on the program, or with the International Office who can help connect with local resources available and UTA resources that you can access remotely.
UTA's priority is to prevent sexual harassment and sexual violence. While the specifics of the situation will be considered, UTA’s primary focus will be to address the sexual harassment or violence. UTA does not want the involvement of alcohol or drugs to prevent the reporting of such serious misconduct. The use of alcohol or drugs will not excuse any form of sexual misconduct.
Do not contact the alleged victim through any means – in person, by phone, by mail, by social media or electronic communication or through someone else. Familiarize yourself with UTA’s policy EI-PO8 on investigating complaints of sexual harassment so that you know what to expect. If you have questions about the complaint process, contact the Title IX Coordinator. If you need support, contact UTA's Student Counseling Services.
No. Title IX allows each alleged victim/survivor to make their own decision about whether or not to report an assault to the school and/or police. When a school receives information about a possible sexual assault or incident of sexual misconduct, it must provide the alleged victim/survivor the option to notify law enforcement authorities, including on-campus and local police, to be assisted by campus authorities in notifying law enforcement authorities if the alleged victim/survivor so chooses, and to decline to notify such authorities.
No. Students may report incidents of sexual misconduct at any time, regardless of where or when they occurred. Additionally, responsible employees must report all incidents of sexual misconduct they are made aware of, regardless of when the incident occurred. While the ability to do an investigation or take action against a perpetrator may be limited if the event occurred in the past, the Title IX Office can still provide support and resources to those who have been affected by sexual misconduct.
All employees, including student employees are “responsible employees” (mandatory reporters), and are required to report promptly to the Title IX Coordinator or a deputy coordinator, any incidents of sexual misconduct they are made aware of, regardless of where or when the incident occurred. The mandatory reporting requirement applies even if the alleged victim requests confidentiality.
By contrast, a "confidential employee" is a school employee who is not required to report identifying information to the Title IX Coordinator. This includes campus mental health counselors, psychologists, health center employees, faith based leaders, or any other person who holds a professional license requiring confidentiality and whose official responsibilities include functioning within the scope of the license when they receive the report.
Under state law unless waived in writing by the alleged victim, the identity of the alleged victim is confidential, however, may only be disclosed to: employees necessary to conduct the investigation or any related hearings; a law enforcement officer necessary to conduct a criminal investigation; person(s) alleged to have perpetrated to the incident; and potential witnesses to the incident necessary to conduct an investigation.
If waived in writing by the alleged victim, a confidential employee may report to the Title IX Coordinator. Without a waiver, the confidential employee must report type of incident and other non-identifiable information to the Title IX Coordinator.
Other exceptions to mandatory reporting are: alleged victims are not required to report their own incident, employees are not required to report information learned at a public awareness event that is sponsored by the university or a student organization.
UTA faculty members are considered "responsible employees" (mandatory reporters) and must share reports of sexual misconduct incidents with the Title IX Coordinator. The report should include all details of the report, including names, dates, location of incident, reported behavior, and whether or not law enforcement is involved, if known. The role of "responsible employees" is to report to the Title IX Coordinator. Beyond that, faculty should protect the privacy of the parties involved and avoid interfering with the investigation by not asking questions or attempting to gather additional information. (Responsible Employee Guide)
You may report an incident without disclosing your name, identifying the respondent, or requesting actions. Many people report to just receive support and accommodations. Keep in mind that many university faculty and staff are responsible employees (mandatory reporters) under Title IX, and cannot remain confidential.
Yes. Title IX and UTA’s Sexual Misconduct Policy prohibit sexual harassment, gender-based harassment, sexual violence, domestic violence, dating violence, sexual exploitation, and stalking perpetrated by or against any university students, university employees, participants in university programs and activities, or visitors to campus.
Sexual harassment and sexual violence are potential crimes but they also are violations of Title IX and UTA policy. Sometimes, specific conduct may not constitute a crime, but it still constitutes a violation of Title IX and UTA policy. UTA is committed to addressing and preventing sexual harassment and sexual violence, regardless of whether such activity constitutes a crime.
If you believe you have been sexually assaulted or a victim of any other crime, then you should contact UTA P.D. or the law enforcement agency where the incident occurred.
No one should be treated adversely just because they asked for help, or reported an incident. Examples of retaliation include, but are not limited to, denying a promotion, denial of job benefits, demotion, exclusion, threats, intimidation, reprisals, harassment or actions related to an individual’s employment or education. Retaliation is prohibited and will not be tolerated, and the university will take appropriate steps to assure that a person who in good faith reports, complains about, or participates in a Title IX related investigation will not be subjected to retaliation. We encourage prompt reporting of retaliation, and acts of retaliation are subject to disciplinary action.
If you have concerns for your safety, UTA can provide escort services and take other steps to assist you.
UTA and all universities are obligated under federal law to investigate and stop unlawful discrimination once it is on notice it may be occurring. Allegations of discrimination are a serious matter under federal law and UTA policy. Based on the information contained in your complaint, UTA is obligated to determine whether you have been discriminated against, and whether a hostile environment exists.
In some instances, the Title IX office can assist with a no-contact order even with limited investigation. Please contact firstname.lastname@example.org and you will be connected to an Investigator who can review the specific details of your situation.
First, make sure they are safe and don’t need immediate medical attention. Second, it’s important to be supportive, and listen. It is okay to offer resources, such as counseling (UTA's Student Counseling Services), or reporting options, (Title IX Coordinator, online reporting form, police), but be respectful of whatever your friend chooses. You should also consider reporting the incident yourself.
You also can report to the Department of Education's Office of Civil Rights. However, UTA is committed to addressing and preventing sexual harassment and sexual violence, and UTA is best able to do that when it is made aware of possible violations.
You may wish to review UTA's Sexual Misconduct Policy to learn about your rights in the school’s investigation process, consult with an advisor or attorney, or seek support from a confidential source such as a counselor.
It is important to follow any directives from the school that may require you to not have contact with the reporting party. The Title IX Coordinator and/or investigator will be able to provide you with detailed information about the school’s investigation and resolution process. Keep in mind that the Title IX Office may make findings and issue sanctions even without your participation in the investigation process, so it is important to not ignore any letters or notifications you receive.
The informal resolution process is an alternative to a Title IX formal investigation. It is an option to provide an educational opportunity to learn about the impact of alleged conduct, and to provide an opportunity to learn how not to harm others in the future. The process includes a mutually agreeable outcome. However, the outcome is not a policy violation or a disciplinary record. The informal resolution process is not an available in cases involving alleged sexual assault or interpersonal violence (including dating and domestic violence).
A witness is someone who may have information that is relevant to an incident that is being investigated. Witness statements and names will be included in the final investigation report. An advisor is a person that a Complainant or Respondent can choose to be present during meetings, proceedings, and/or disciplinary hearings at which the individual is present. An advisor is limited to being present only; advisors are not allowed to actively participate in the process. Click to read more about the role of an advisor.
Most employees of the university are designated as responsible employees (i.e. mandatory reporters). If you become aware of an incident of sex discrimination, sexual harassment, or any other situation under Title IX, you have a duty to report it to the Title IX Office. Click to read more about responsible employees.