Resource Guide for Students about Sexual Misconduct

What is Sexual Misconduct?
What is Consent?
What To Do If You Have Experienced Sexual Assault
What About Confidentiality?
Your Rights
We’re Here to Help

What is Sexual Misconduct?

Sexual misconduct is a broad term encompassing all forms of gender-based harassment or discrimination and unwelcome behavior of a sexual nature.

Learn more about the behaviors covered by ASU’s Sexual Misconduct policy

What is Consent?

Consent is mutually understandable words or actions, actively communicated knowingly and voluntarily, that clearly convey permission for a specific activity. Consent is not effective if it results from:

The use of physical force
A threat of physical force
Intimidation
Coercion
Incapacitation
Any other factor that would eliminate an individual’s ability to exercise the free will to choose whether or not to engage in sexual activity.

Learn more about consent

What To Do If You Have Experienced Sexual Assault

Get to a safe location
An individual who experiences sexual misconduct is encouraged to seek medical care for treatment and preservation of evidence, if applicable, as soon as practical after the incident. Preserving DNA evidence can be key to identifying the perpetrator in a sexual violence case. Victims can undergo a Sexual Assault Forensic Exam (SAFE) performed by a Sexual Assault Nurse Examiner (SANE) to preserve physical evidence, with or without police involvement. If possible, this should be done immediately. If an immediate medical exam is not possible, a SANE may still collect evidence several days following a sexual assault. With the examinee’s consent, the physical evidence collected during this medical exam can be used in a criminal investigation. To undergo a SAFE, go directly to the nearest emergency department that provides SAFE services.
- You may contact Shannon Medical Center at 325-653-6741 for assistance.
An individual who experiences any form of sexual misconduct should also preserve other evidence relevant to the complained of activity, such as items of clothing, photographs, phone records, text messages, computer records and other documents.
Choose how you want to proceed. Options include:
- Contact the University Police at 325-942-2071.
- Speak to a confidential resource, such as a counselor at University Counseling Services, a medical professional, a counselor via the 24-Hour Crisis Helpline, or an off-campus resource such as a local rape crisis center or a member of the clergy.
- Report to the Office of Title IX Compliance and learn about support, resources and options for resolutions.
Nothing in ASU’s policy shall prevent a student from presenting a grievance covered by ASU policy to an external agency, such as the U.S. Department of Education: Office of Civil Rights (OCR), 400 Maryland Ave., SW Washington, D.C., 20202-1100. Customer Service Hotline: 1-800-421-3481, ocrcas.ed.gov/contact-ocr.

Learn more about reporting a Title IX Violation

What About Confidentiality?

Mandated Reporting

At Angelo State University, all employees, including student employees (who are not designated as confidential resources), are deemed responsible employees. Responsible employees, who in the course and scope of their employment receive information regarding an occurrence of an incident that the employee reasonably believes constitutes sexual misconduct alleged to have been committed by or against an individual who was a student enrolled at or an employee of the university at the time of the incident, shall promptly report the incident to the Director of Title IX/Title IX Coordinator. The responsible employee must report all known details of the incident to the Director of Title IX/Title IX Coordinator.

Confidential Reporting

If a complainant wishes to keep the details of an incident involving sexual misconduct confidential, the complainant should speak to a licensed clinical and/or medical professional employed by the university or an off-campus resource, such as the local rape crisis center or clergy. The University Health Clinic and Counseling Services, along with the 24-Hour Crisis Helpline, have trained staff who can take your confidential report.

Anonymous Reporting

Reports may be made anonymously utilizing the online reporting form. When submitting the report, please include as many details as possible. Note that while you may submit an anonymous report, it will greatly limit the ability for the Office of Title IX Compliance to address your concern.

Your Rights

Complainants have the right to notify law enforcement of incidents of violence. The Office of Title IX Compliance will assist the complainant if a report to law enforcement is requested.
Complainants may decline to report to law enforcement.
Complainants may request that the incident be investigated and resolved internally by the university.
Complainants may request that the incident not be investigated internally by the university.
All reported incidents will be addressed according to published university procedures.
All parties involved in sexual misconduct resolution proceedings shall be provided a prompt and equitable opportunity to present witnesses and other evidence relevant to the alleged violation during the investigation and disciplinary process.
All parties involved in sexual misconduct resolution proceedings shall be given reasonable and equitable access to all evidence in the institution’s possession relevant to the alleged violation.
All parties involved in sexual misconduct resolution proceedings shall receive information needed to effectively participate in such proceedings.
All parties have the opportunity to have an advisor present at any meeting or hearing related to the reported incident.
All parties will receive written notice of the outcome of sexual misconduct resolution proceedings.
Complainants and witnesses will receive amnesty for minor infractions (i.e., alcohol and drug violations) that are secondary to incidents of sexual misconduct.
All parties involved in the resolution process have the right to be free from retaliation and harassment during the pendency of the disciplinary process.
Students shall be notified of the University Health Clinic and Counseling Services and given information about the 24-Hour Crisis Helpline.
Students and employees will be notified of off-campus support services.
Resources, such as options for changing academic and living situations, are available through the Office of Title IX Compliance.
A complainant may seek help from University Police or the Director of Title IX in requesting or enforcing an order of protection, no-contact order, restraining order or similar legal order.