Michelle Willbanks, Director EOS, Title IX Coordinator
West Mitchell Center
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, sexual assault, domestic violence, dating violence, 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.
If any of these are not met, the university must dismiss the complaint under Title IX. However, the university may still chose to proceed to address inappropriate behavior under a different university policy.
An educational program or activity includes locations, events, or circumstances over which the institution exercises substantial control over both the respondent (alleged perpetrator) and the context in which the alleged sexual harassment occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the institution.
A complainant is an individual who is alleged to be the victim of conduct that could constitute sexual harassment.
A respondent is an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
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); coordinates supportive measures for both parties; 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:
West Mitchell Center
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.
When a formal complaint is filed, the assigned Title IX Investigator will conduct a neutral, unbiased, prompt, and thorough investigation which includes: identifying and interviewing witnesses, gathering evidence , and identifying other information relevant to the investigation. Then will prepare a report summarizing the investigation that will be sent to both parties, provide access to evidence to the parties and their advisors who may provide written responses to the investigator who will then finalize the investigation summary report and forward to either the Office of Community Standards or the appropriate administrator for employees prior to the hearing for a final determination of responsibility.
Sexual Misconduct, as defined in UTA's Sexual Misconduct Policy, is a term broadly defined to encompass sex discrimination, sexual harassment, sexual assault, domestic violence, dating violence, stalking and other inappropriate sexual misconduct.
Sexual Harassment is conduct on the basis of sex that satisfies one or more of the following:
Other inappropriate sexual conduct is conduct on the basis of sex that does not meet the definition of sexual harassment under the University’s Sexual Misconduct Policy but is:
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.
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 misconduct 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.
The first thing you should do is speak to your professor or instructor during office hours. Depending on the adjustment needed, the professor may be able to arrange adjustments for you without involving the Title IX Office or SAR Center. Not all professors are familiar with Title IX or ADA regulations, so if your professor tells you that you need to request assistance from the Title IX office or the SAR Center, don’t worry. Students experiencing normal pregnancies typically need “reasonable adjustments” and would go to the Title IX Office. Pregnant students experiencing medical complications with their pregnancy generally have doctor’s notes and should go to the SAR Center. A good rule of thumb is whether or not you have a doctor’s note indicating that you need a particular accommodation. If you need assistance with something that a doctor has not put into writing, you likely need a “reasonable adjustment”, which would be handled through the Title IX office. Alternatively, if you have medical documentation outlining a necessary accommodation due to a complication with your pregnancy, you will likely need to receive the accommodation through the SAR Center. If you are still unsure about which office can help you, you may contact either office and discuss your situation. They will be able to tell you whether you are in the right place or need to start in the other office.
Reasonable adjustments may include things like provision of a larger desk, excused late arrival and absences due to doctor appointments, allowing frequent trips to the restroom, or sipping water or eating food during tests, if necessary due to your pregnancy. It could also include taking exams or turning in assignments early or late due to a birth. Please keep in mind that because every pregnancy is unique, and every pregnant student has unique needs, this is not an exhaustive list. Please visit Reasonable Adjustments and Accommodations for Pregnant Students for more information.
The accommodations received through the SAR Center are entirely dependent upon what your doctor indicates in the note he provides to you and will vary from student to student depending on the particular complication of their pregnancy.
No. Each alleged victim/survivor can 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.
Anyone can report an incident(s) of sexual misconduct. However, only an alleged victim or the Title IX Coordinator may file a Formal Complaint. Filing a Formal Complaint will initiate the Grievance Process related to the allegations that have been reported.
Incidents of sexual misconduct may be reported at any time.
All employees, including student employees (except confidential employees) are mandatory reporters (“responsible employees”) and must report promptly to the Title IX Coordinator or a Deputy Coordinator all known information concerning an alleged incident of sexual misconduct. The mandatory reporting requirement applies even if the alleged victim requests confidentiality.
Yes. Counseling and Psychological Services (CAPS), Health Services, Relationship Violence and Sexual Assault Prevention (RVSP) advocates, and Crime Victim Services personnel are considered confidential employees and not required to report while working within the scope of their roles when they receive a report of sexual misconduct. Confidential employees are required to report the type of incident only to the Title IX Coordinator. The alleged victim may waive confidentiality in writing for the confidential employee to report 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.
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 or 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.
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 formal investigation. The parties may, in writing, voluntarily agree to use the information resolution process, if applicable, at any point prior to a determination regarding responsibility being reached. It is not available where sexual harassment, as defined in the university’s Sexual Misconduct Policy, is alleged or where the alleged perpetrator has previously participated in the informal resolution process and a mutual agreement was reached. In many cases the informal resolution process involves a mediation process between the parties. At any point prior to a mutual agreement being reached the parties have the right to withdraw from the informal resolution process and resume the formal investigation.
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 during the investigation and an each party is required to have an advisor at a hearing. During the investigation process an advisor is limited to being present only; advisors are not allowed to actively participate in the process. Advisors at a live hearing will ask questions of the parties, witnesses and other participants in the hearing. If a party does not have an advisor of choice for the hearing who is required to ask the questions of the other party, the university will appoint one.