Responding to Sexual Misconduct & Interpersonal Violence

Sexual misconduct is:

• Unwelcomed
• Physical, verbal, or non-verbal behavior
• Severe, persistent, or pervasive

The effects may:

• Create a hostile environment
• Interfere with, deny or limit a person’s ability to benefit from Concordia’s educational programs/activities

Sexual misconduct includes but is not limited to:

• Non-consensual sexual contact (any intentional sexual touching or attempts)
• Non-consensual sexual intercourse (any intercourse by force or attempts without consent)
• Unwelcomed physical touching
• Unwelcomed remarks about a person’s body
• Employer/employee asking for sexual favors
• Posting obscene remarks/images of another on social media sites
• Sexual assault or coerced sexual activity

Sexual Misconduct Defined:

Sexual Assault is an offense or attempted offense that meets the definition of rape, sodomy, sexual assault with an object, fondling, incest, or statutory rape.

Sexual Harassment is conduct on the basis of sex that constitutes quid pro quo sexual harassment, hostile environment sexual harassment, sexual assault, domestic violence, dating violence, or stalking.

Dating Violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

Domestic Violence is violence, including felony or misdemeanor crimes of violence, committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state of Texas, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the state of Texas.

Sexual Exploitation occurs when a person, knowingly or recklessly, takes non‐consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct.

Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others; or that would cause a reasonable person to suffer substantial emotional distress.

Sex Discrimination is the act of treating similarly situated persons differently on the basis of that person’s sex.

Sexual Misconduct and Interpersonal Violence Policy

Consent Defined:

Consent means a clear, knowing and voluntary agreement, by words or action, to engage in each instance of mutually agreed upon sexual activity. A person who is incapacitated is not capable of giving Consent. Consent cannot be inferred from silence, passivity, or lack of resistance. Any party has the right to change their mind and withdraw consent at any time through words or actions.

Sexual Misconduct and Interpersonal Violence Policy

The primary concern for survivors of sexual violence is safety and addressing medical issues related to physical injury, sexually transmitted infections and/or pregnancy. The secondary concern is evidence collection to aid in a possible police investigation.

Go to a safe place immediately. Go to your apartment, residence hall or the residence of a trusted friend. DO NOT change your clothing or shower. Preservation of physical evidence is very important. If you change your clothes store your clothing in a paper bag. DO NOT apply medication to injuries. DO NOT drink, eat, chew gum or brush your teeth, or disturb anything in the area of the assault.

Get medical attention as soon as possible. Visit Eloise House, Safe Austin for a Sexual Assault Forensic Exam (SAFE exam). The exam is free of charge to you regardless of whether you report the assault to local police. If you believe you have been given a predatory drug like Rohypnol or GHB notify the nursing staff. A urine sample can be collected within 72 hours of the assault.

Seek free confidential counseling. Call 512-313-5032, Monday through Friday from 8am-5pm. Help is available for the person assaulted and for CTX students helping the survivor of the assault.

Utilize campus resources. The Dean of Students can assist you with changes to academic schedules or university living arrangements.

Coping Strategies

• Confide in a trusted friend or family member.
• Ask trusted friends to walk with you on campus or stay with you overnight.
• Allow extra time to complete academic tasks.
• Discuss any sexual concerns with your partner.
• Give yourself plenty of time to recover from the physical and emotional shock.
• Remember that nobody asks or wants to be sexually assaulted or harassed.

If you are a witness to a crime of sexual violence you should report the incident to campus or local police. You may also speak with the Title IX Coordinator or the Dean of Students who can assist you with further reporting as appropriate.

Reports may be filed with a Title IX Coordinator or Campus Police. All sexual harassment and sexual misconduct reports made to mandatory reporters must be reported to a Title IX Coordinator.

CTX encourages all members of our community who are victims of sexual misconduct to report the incident to law enforcement. A Title IX Coordinator may assist you in filing a report with the police.

Investigations & Mandatory Reporters

Nearly all employees (faculty, staff, and students) are considered mandatory reporters. This includes those who hold a professional license who are not employed by CTX to counsel, provide health services, or provide pastoral or ministry care. A mandatory reporter must report all allegations of sexual misconduct to a Title IX Coordinator immediately.

Therefore, CTX will:

• Investigate allegations/reports.
• Complete investigations in a timely manner (e.g. 60 days) and take interim measures such as a "no contact" order between the parties, interim suspension, and/or room or class reassignment.

Submit Incident Report

Safe Austin (Counseling)
Sexual & Domestic Violence
24-hour line: 512-267-SAFE (7233)
Eloise House (SAFE Exam)
SAFE exam, counseling, support, and advocacy
https://www.safeaustin.org

Austin Police Department
Victim Services Unit
512-974-5950 or 512-974-5037

Travis County Sheriff’s Department
Victim Services Unit
512-854-9709

VICARS (Legal service)
815 Brazos, Suite 1100, Austin, TX 78701
888-343-4414
Provides free legal services for crime victims

Texas Association Against Sexual Assault
www.taasa.org
Offers comprehensive list of Rape Crisis centers across the state

Office of the Attorney General
Crime Victims Compensation
crimevictims@texasattorneygeneral.gov
800-983-9933
512-936-1200 (Austin)
Victim may qualify expenses to be reimbursed by the state

RAINN [Rape, Abuse & Incest National Network (Sexual Assault)]
800-656-4673 (HOPE)
www.rainn.org
National 24-hour helpline for sexual assault survivors. Assist in directing people to local services and will speak with persons in crisis.

Questions can also be addressed to:
U.S. Department of Education, Office of Civil Rights, Dallas Office
1999 Bryan Street, Suite 1620
Dallas, TX 75201-6810
214-661-9600
OCR.Dallas@ed.gov
www.ed.gov/ocr

CTX Police Department:
512-313-3311 (24/7)

CTX Title IX Coordinator:

Kristi Kirk
Provost/Executive Vice President
512-313-4601, office C-108
kristi.kirk@concordia.edu

CTX Deputy Title IX Coordinators:

Martha Compton
Dean of Students
512-313-4310, office F-220
Students are encouraged to report sexual misconduct and interpersonal violence to this office.

Annette Mata
Director of Human Resources
11400 Concordia University Drive
Building D, D222
Austin, TX 78726
Office: 512-313-4108
annette.mata@concordia.edu
Employees are encouraged to report sexual misconduct and interpersonal violence to this office.

Ronda Seagraves
Vice President of Athletics
512-313-4501, office G-207
Students, faculty, and staff are encouraged to report sexual misconduct and interpersonal violence to this office.

CTX Counseling Services:
Scott Davis
512-313-5032, office F-112

Rebekah Capriglione
512-313-5652, office F-111

CTX Campus Pastor:
Steve Fick
512-695-2087, office F-211

Part of the healing process after being harassed or assaulted is to work through the incident with a trained and compassionate individual. Concordia Resources and Community Resources provided here will give you a number of options. For confidential assistance at CTX, consider consulting with a counselor in the Counseling Center or the Campus Pastor.

Know that if you wish to not file a report with the University or any police department, this option is also available to you.

What Resources are Available if I do not Want to File a Report?

A survivor of sexual assault is always encouraged to consult with a trained mental health professional regardless of whether the person elects to file a report with the police or other campus officials. Mental health professionals maintain confidentiality and will discuss their confidential privileges with you. Seeking support after a sexual assault is important to healing.

As friends, there are things we can do to help those who seek support.

Believe the person. Upon hearing that someone has been assaulted believe their story. Now is not the time to question facts, just listen and provide a safe place for the survivor to speak. Don’t blame the person for what happened, or for decisions she or he might have made. Listen and do not be judgmental.

Guide survivors to campus and community resources. Encourage him/her to seek medical attention and sexual violence advocates. Assure them that information will be kept confidential.

Remind survivors that their feelings are normal. They may feel "crazy," out of control or overwhelmed. Assure survivors they are not "crazy" and that any feeling they have or response to the situation is normal.

Validate survivors in their feelings. Everyone responds to trauma differently and validation is important to healing.

Recognize that healing takes time. It is possible that someone will come forward with information about an assault weeks or months after it occurred. Consider the fact that the survivor is still hurting and needs support.

Take care of yourself. You can not support someone else if you have no support. Pay attention to your own reactions to the sexual assault and seek support when you feel overwhelmed or stressed.