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Section II: Definitions

  1. Code of Student Conduct (“the Code”): Standards of conduct and procedures established to provide a full and fair opportunity for review of alleged student misconduct.
  2. Complainant: An individual who files a complaint with the Dean of Students or other Texas Wesleyan University official alleging a violation of the Code.
  3. Conduct History: Documentation of a student’s previous conduct proceedings and sanctions.
  4. Conduct Process: The procedures provided in the Code from the initial complaint through final resolution to determine if a student has engaged in misconduct and whether conduct sanctions should be imposed.
  5. Consent: Words or actions that show an active knowing and voluntary agreement to engage in mutually agreed-upon sexual activity.  Consent cannot be gained by force, by ignoring or acting without regard to the objectives of another, or by taking advantage of the incapacitation of another, where the student knows or reasonably should have known of such incapacity.  Use of alcohol or drugs may impair an individual’s capacity to freely consent and may render an individual incapable of giving consent.  Consent is absent when the activity in question exceeds the scope of consent given previously. 
  6. Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim/complainant; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved.  Dating violence includes, but is not limited to emotional, sexual, or physical abuse or the threat of such abuse.
  7. Dean of Students: The person designated by the University as responsible for administering the student conduct process in accordance with the Code of Student Conduct, maintaining student conduct records, and assisting students in resolving conflicts with one another.
  8. Faculty Member: Any person hired by the University to conduct classroom or teaching activities or who is otherwise considered by the University to be a member of its faculty.
  9. Intimate Partner/Relationship Violence: Includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, or by a person with whom the person shares a child, or by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, or by a  person similarly situated to a spouse of a victim under the domestic or family violence laws of the jurisdiction receiving grant monies, 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 jurisdiction.
  10. No-Contact Order: A directive issued by the Dean of Students office prohibiting contact between individuals.  The no-contact order may be imposed as a sanction or as a directive from the Dean of Students office during an investigation.
  11. Notice of Alleged Violation: The initial document in the conduct process that identifies alleged behavior in violation of the Code and schedules a meeting between the student and a representative of the Dean of Students office to discuss the allegations and conduct process.
  12. Plagiarism: The use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment.
  13. Policy: The written regulations for the University as found in, but not limited to, the Code of Student Conduct, Residence Life Handbook, the University webpage, and Graduate/Undergraduate Catalogs.
  14. Respondent/Responding Student: A student who is alleged to have engaged in an act or acts of misconduct in violation of the Code.
  15. Sexual Assault:An offense that meets the definition of rape, fondling, incest, or statutory rape:
    • Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration of a sex organ of another person, without consent.
    • Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without consent, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent incapacitation.
    • Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    • Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent.
  16. Sexual Coercion: The use of manipulation or threat to force someone to engage in sexual activity.
  17. Sexual Exploitation: Taking non-consensual or abusive sexual advantage of another for one’s own benefit, or to benefit or advantage anyone other than the person being exploited, including, but not limited to, non-consensual video or audio-taping of sexual activity or undetected viewing of another’s sexual activity.
  18. Sexual Harassment: Unwelcome conduct of a sexual nature including, but not limited to, unwelcomed sexual advances, requests for sexual favors, sexual violence, and other verbal, nonverbal, or physical conduct of a sexual nature.
  19. Sexual Misconduct: Conduct including sex/gender discrimination, sex/gender violence, sexual harassment, sexual exploitation, and/or sexual coercion.
  20. Sex/Gender Discrimination: Treating someone unfavorably because of that person’s sex, gender, gender identity, or sexual orientation.  Sex/gender discrimination can also involve treating someone unfavorably because of his or her connection with an organization or group that is generally associated with people of a certain sex, gender, gender identity, or sexual orientation.
  21. Sex/Gender Violence: Physical sexual acts perpetrated against a person’s will or when a person is incapable of giving consent due to the victim’s use of drugs or alcohol or other disability, including age.  Sexual violence includes, but is not limited to rape, sexual assault, sexual battery, or sexual coercion.
  22. Staff Member: Any person hired by the University (non-faculty) whose primary responsibilities are other than academic teaching.
  23. Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or to suffer substantial emotional distress.
  24. Student: All persons taking courses at the University, either full-time or part-time, pursuing undergraduate, graduate, or professional studies.  Persons who withdraw from the University after allegedly violating the Code, who are not officially enrolled for a particular term but who have a continuing academic relationship with the University, or who have been notified of their acceptance for admission are considered “students”. 
  25. Student Conduct Officer: Any person or persons authorized by the Dean of Students to determine whether a student has violated the Code and to impose sanctions when a violation has occurred.
  26. Title IX Coordinator: University official responsible for monitoring the University’s implementation of Title IX, coordinating compliance and investigating complaints of sex/gender discrimination.
  27. Title IX DeputyCoordinator: University official appointed and recognized by Title IX Coordinator who is responsible for responding to reports of sex/gender discrimination, conducting investigations, and/or determining responsibility for Code violations and resultant sanctions. 
  28. University: Texas Wesleyan University.
  29. University Community: The collective group of students, faculty, staff, university officials, and any other person employed by or contributing to the University.
  30. University Official: Any person employed by the University, performing assigned administrative or professional responsibilities.
  31. University Premises: All land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University (including adjacent streets and sidewalks).  This Code of Student Conduct does apply to all locations of the University, including the Texas Wesleyan University campus at Burleson.
  32. University Student Group (“Student Group” or “Student Organization”): A group of students who are registered as a student group with Student Life or groups who officially represent the University, including, but not limited to Greek letter organization, athletic teams, etc.

1.       Code of Student Conduct (“the Code”): Standards of conduct and procedures established to provide a full and fair opportunity for review of alleged student misconduct.

2.       Complainant: An individual who files a complaint with the Dean of Students or other Texas Wesleyan University official alleging a violation of the Code.

3.       Conduct History: Documentation of a student’s previous conduct proceedings and sanctions.

4.       Conduct Process: The procedures provided in the Code from the initial complaint through final resolution to determine if a student has engaged in misconduct and whether conduct sanctions should be imposed.

5.       Consent: Words or actions that show an active knowing and voluntary agreement to engage in mutually agreed-upon sexual activity.  Consent cannot be gained by force, by ignoring or acting without regard to the objectives of another, or by taking advantage of the incapacitation of another, where the student knows or reasonably should have known of such incapacity.  Use of alcohol or drugs may impair an individual’s capacity to freely consent and may render an individual incapable of giving consent.  Consent is absent when the activity in question exceeds the scope of consent given previously. 

6.       Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim/complainant; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved.  Dating violence includes, but is not limited to emotional, sexual, or physical abuse or the threat of such abuse.

7.       Dean of Students: The person designated by the University as responsible for administering the student conduct process in accordance with the Code of Student Conduct, maintaining student conduct records, and assisting students in resolving conflicts with one another.

8.       Faculty Member: Any person hired by the University to conduct classroom or teaching activities or who is otherwise considered by the University to be a member of its faculty.

9.       Intimate Partner/Relationship Violence: Includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, or by a person with whom the person shares a child, or by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, or by a  person similarly situated to a spouse of a victim under the domestic or family violence laws of the jurisdiction receiving grant monies, 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 jurisdiction.

10.   No-Contact Order: A directive issued by the Dean of Students office prohibiting contact between individuals.  The no-contact order may be imposed as a sanction or as a directive from the Dean of Students office during an investigation.

11.   Notice of Alleged Violation: The initial document in the conduct process that identifies alleged behavior in violation of the Code and schedules a meeting between the student and a representative of the Dean of Students office to discuss the allegations and conduct process.

12.   Plagiarism: The use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment.

13.   Policy: The written regulations for the University as found in, but not limited to, the Code of Student Conduct, Residence Life Handbook, the University webpage, and Graduate/Undergraduate Catalogs.

14.   Respondent/Responding Student: A student who is alleged to have engaged in an act or acts of misconduct in violation of the Code.

15.   Sexual Assault: An offense that meets the definition of rape, fondling, incest, or statutory rape:

a.       Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration of a sex organ of another person, without consent.

b.       Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without consent, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent incapacitation.

c.       Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

d.       Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent.

16.   Sexual Coercion: The use of manipulation or threat to force someone to engage in sexual activity.

17.   Sexual Exploitation: Taking non-consensual or abusive sexual advantage of another for one’s own benefit, or to benefit or advantage anyone other than the person being exploited, including, but not limited to, non-consensual video or audio-taping of sexual activity or undetected viewing of another’s sexual activity.

18.   Sexual Harassment: Unwelcome conduct of a sexual nature including, but not limited to, unwelcomed sexual advances, requests for sexual favors, sexual violence, and other verbal, nonverbal, or physical conduct of a sexual nature.

19.   Sexual Misconduct: Conduct including sex/gender discrimination, sex/gender violence, sexual harassment, sexual exploitation, and/or sexual coercion.

20.   Sex/Gender Discrimination: Treating someone unfavorably because of that person’s sex, gender, gender identity, or sexual orientation.  Sex/gender discrimination can also involve treating someone unfavorably because of his or her connection with an organization or group that is generally associated with people of a certain sex, gender, gender identity, or sexual orientation.

21.   Sex/Gender Violence: Physical sexual acts perpetrated against a person’s will or when a person is incapable of giving consent due to the victim’s use of drugs or alcohol or other disability, including age.  Sexual violence includes, but is not limited to rape, sexual assault, sexual battery, or sexual coercion.

22.   Staff Member: Any person hired by the University (non-faculty) whose primary responsibilities are other than academic teaching.

23.   Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or to suffer substantial emotional distress.

24.   Student: All persons taking courses at the University, either full-time or part-time, pursuing undergraduate, graduate, or professional studies.  Persons who withdraw from the University after allegedly violating the Code, who are not officially enrolled for a particular term but who have a continuing academic relationship with the University, or who have been notified of their acceptance for admission are considered “students”. 

25.   Student Conduct Officer: Any person or persons authorized by the Dean of Students to determine whether a student has violated the Code and to impose sanctions when a violation has occurred.

26.   Title IX Coordinator: University official responsible for monitoring the University’s implementation of Title IX, coordinating compliance and investigating complaints of sex/gender discrimination.

27.   Title IX Deputy Coordinator: University official appointed and recognized by Title IX Coordinator who is responsible for responding to reports of sex/gender discrimination, conducting investigations, and/or determining responsibility for Code violations and resultant sanctions. 

28.   University: Texas Wesleyan University.

29.   University Community: The collective group of students, faculty, staff, university officials, and any other person employed by or contributing to the University.

30.   University Official: Any person employed by the University, performing assigned administrative or professional responsibilities.

31.   University Premises: All land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University (including adjacent streets and sidewalks).  This Code of Student Conduct does apply to all locations of the University, including the Texas Wesleyan University campus at Burleson.

32.   University Student Group (“Student Group” or “Student Organization”): A group of students who are registered as a student group with Student Life or groups who officially represent the University, including, but not limited to Greek letter organization, athletic teams, etc.