5.12 Prohibition of Sexual Assault

It is the policy of The University of Texas at San Antonio (UTSA) 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. In addition to incidents that occur on the university campus sites, 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 UTSA regardless of the location in which they occur.

NOTE: The fact that the student accused of sexual assault was under the influence of drugs or alcohol at the time of the assault will not diminish the student's responsibility for a violation of the Student Code of Conduct nor shall being under the influence of alcohol or drugs be construed as an invitation to or as implied consent for unwanted sexual advances.

Anyone who is a victim of any form of sexual assault should immediately call the University Police (911). University Oaks residents should call the University Police at 458-4911. Reporting an assault does not mean that the victim must press charges or take the case to criminal trial or a university disciplinary hearing. The police will provide transportation to the closest emergency room for medical treatment and evidence collection. Even if a victim is undecided about filing criminal charges, calling the police and going to the hospital will provide for his or her emotional and medical needs and preserve the option to file criminal charges at a later time.

All cases of sexual assault should be reported to the University Police. A student may also choose to report the assault to the Office of Student Conduct & Community Standards for disciplinary action regardless of whether or not the student has decided to press criminal charges. A student may also file a report of sexual assault against another student, or a faculty or staff member, by directly contacting the Coordinator for Student Conduct & Community Standards (458-4720).

The UTSA Counseling Services (458-4140) and the San Antonio Rape Crisis Center (210-349-7273) are available to provide support services for anyone affected by any form of sexual assault. Students who may have been assaulted by someone who is not affiliated with the university may still contact any of the available university support services.

When a student reports that the campus regulations prohibiting sexual assault have been violated, informal procedures which provide for the protection of the emotional health and physical safety of the reporting student 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 Student Life. If the reporting student 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 Student Conduct & Community Standards may take interim disciplinary action against the accused student as appropriate.

Students who wish to file a report that will be addressed by the university disciplinary system will work with the Office of Student Conduct & Community Standards. The details of the University Student Code of Conduct, as well as possible sanctions that may be imposed against a student found responsible for a violation of university rules and regulations, may be found in the Student Guide.

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

1. The right to be present during the entire hearing, notwithstanding the fact that the reporting student is to be called as a witness. (The accused student has the same right.)

2. The right to have a support person present during the hearing. This person is not entitled to represent the student 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/her to testify prior to the complainant.

3. The right not to have evidence of his or her past sexual history with third parties admitted as evidence.

4. The right to have the hearing closed to spectators unless both the accused student and the reporting student consent in writing to having the hearing open to the public.

5. The right to know the outcome of the hearing as defined by the Federal Family Educational Rights and Privacy Act.