1. You can contact a local rape crisis program for their support and guidance;
   
2. You can use this policy to have the University bring disciplinary action against
   your attacker;
   
3. You can contact the University police to bring criminal charges against your attacker.

You may pursue all three choices at the same time or pursue just one or two of the options together. If there is a possibility that you will decide to press criminal charges against your attacker, you should be aware that you will need to act quickly to preserve crucial physical evidence. Any of the rape crisis centers (see Appendix A) or the University Police (283-2222) can tell you what needs to be done to preserve this evidence

Appendix B contains a comprehensive legal definition of "sexual assault." Sexual assault is a violation of the Texas Penal Code 22.011 and 22.02, the Faculty Standards of Conduct, The Student Code of Conduct and the Staff Disciplinary Procedures. Sexual assault is also a violation of the UHCL Sexual Harassment Policy.

The ultimate responsibility for the effective implementation of this policy is with the President of the University of Houston-Clear Lake. The Senior Vice President and Provost, the Associate Vice President for Student Services and the Dean of Students, and the Executive Director of Human Resources and Affirmative Action will see that the university's sexual assault policy is communicated on a routine basis through the faculty, student and staff handbooks and such additional means as they feel are effective.

Definitions
Appendix B contains a comprehensive legal definition of “sexual assault.” Sexual assault is a violation of the Texas Penal Code 22.011 and 22.02, the Faculty Standards of Conduct, the Student Code of Conduct and the Staff Disciplinary Procedures. Sexual assault is also a violation of the UHCL Sexual Harassment Policy.

The ultimate responsibility for the effective implementation of this policy is with the President of the University of Houston-Clear Lake. The Senior Vice President and Provost, the Associate Vice President for Student Services, the Dean of Students, and the Executive Director of Human Resources and Affirmative Action will see that the university’s sexual assault policy is communicated on a routine basis through the faculty, student and staff handbooks and such additional means as they feel are effective.

Complainant: A student, faculty member, or staff employee of UHCL who believes herself/himself to have been sexually assaulted by a UHCL student, faculty member, or staff employee and who engages the UHCL sexual assault complaint procedure to resolve the complaint.

Respondent: A UHCL student, faculty member, or staff employee who, within the UHCL sexual assault complaint process, is alleged to have sexually assaulted a student, faculty member, or staff employee.

Confidentiality: Pending final campus action on a complaint, confidentiality relative to all official proceedings and complaint documentation will be maintained by all individuals charged with administering this policy. While all efforts will be made to respect the right of confidentiality of all parties involved in a sexual assault charge, confidentiality cannot be guaranteed.

Retaliation Prohibited: Retaliatory action taken against an individual as a result of that person’s seeking redress under the applicable procedures dealing with sexual assault is prohibited. Such action shall be regarded as a separate and distinct cause for complaint and will be referred to the appropriate campus disciplinary process for resolution.

Frivolous and Malicious Allegations/Complaints: If any campus fact finding body in the procedure determines that a sexual assault allegation is frivolous, the complainant will be counseled and the complaint dismissed. An example of a frivolous complaint might be seen in the case of two people passing in the hallway and one accidentally brushes against the other and the other alleges sexual assault. If it is determined that a sexual assault complaint is malicious, the complainant will be subject to disciplinary action. The failure to substantiate a sexual assault charge does not automatically constitute a malicious charge.

After reporting a sexual assault, a complainant has the option to request a change of academic or employment situation. A student would request such assistance from the Dean of Students; a staff member would request assistance from the University Affirmative Action Officer; faculty could contact either the University Affirmative Action Officer or the Provost. The University will insure that the complainant will be kept safe and free from retaliation after a complaint. Other than for reasons of safety or retaliation, the University will provide changes of academic or employment situations only if such changes are reasonably available.

Pursuit of Complaint Outside the University: This policy does not preclude anyone from pursuing a complaint, at any stage of the process, with an external agency.

Procedures
Stage I: Intervention-Advice and Counsel Stage
A person who believes he or she has been sexually assaulted may seek on-campus assistance by contacting any of the following:

1. UHCL Health Center (281-283-2626);
2. UHCL Counseling Services (281-283-2600);
3. either of the two counselors appointed by the President
   (call the UHCL Office of Human Resources, 281-283-2160 or
   the Dean of Students, 281-283-2568 for the counselor’s names); or
4. the University Police (281-283-2222).

Off-campus support and information may be obtained from the Houston Area Women’s Center, Rape Crisis Program (528-RAPE) or other local assistance agencies (see attached list) or the local police (dial 911).

Because evidence of a sexual assault and an attacker’s identity may be left on a complainant’s body, the complainant may choose to be examined at a hospital emergency room before washing. Sexual assault complainants may choose to undergo a physical exam as expediently as possible because evidence deteriorates quickly. The collection of this evidence is important if the complainant chooses to support criminal against the assailant. Hospital staff will collect evidence, check for injuries, and deal with the possibility of sexually transmitted diseases. The Houston Area Women’s Center will provide a counselor to meet the complainant at a hospital and support her through these procedures (24-hour number: 528-RAPE).

A complainant who wishes to file a complaint of violation of this sexual assault policy should contact either counselors at the UHCL Counseling Center 281-283-2600 or the two counselors appointed by the President (call the UHCL Office of Human Resources, 281-283-2160 or the Dean of Students, 281-283-2568 for the counselor’s names and phone numbers.)

Actions that can be taken by a counselor include:

1. listening to the complainant to find out what action is desired;
2. explaining this sexual assault policy;
3. assisting the complainant to make contact with local rape crisis support services; or
4. at the complainant’s request, the counselor will assist the complainant to report an assault to law enforcement authorities, both on and off-campus.
   

Stage II: Intervention-Complaint Stage
A complainant can choose to file a complaint with the University, with law enforcement officials, or both. In order for the University to proceed with a complaint hearing, the alleged assault must have occurred on campus or at a University-related event and a member of the University community must be alleged to have been involved. Should the complainant decide to file an official university complaint against an alleged attacker, the procedures to be followed are those detailed under the “Intervention--Complaint Stage” and subsequent stages.

If a person files an official complaint, both the complainant and the respondent may seek the assistance of individuals willing to serve as advisors during the process. The advisor will not have a formal role in the process other than to provide assistance and guidance. The advisor must be chosen from a list of persons willing to serve. The list will be maintained in the Provost’s office. These persons will receive appropriate training provided by the UHCL AAO. An advisor will be ineligible to serve any other role in the procedures relating to that particular case.

If, after working within this intervention process, an individual chooses to lodge an official complaint alleging sexual assault in violation of the campus sexual assault policy, the complainant will be referred to an intervention panel responsible for initially investigating and determining whether further action is warranted. As an alternative, by mutual consent of the complainant and the respondent, the AAO may assume all the responsibilities of this panel. Official complaints must be submitted in writing to the AAO. The AAO shall deliver, within 5 working days, a confidential copy of the official complaint to the respondent and the respondent’s immediate supervisor, except in cases when the respondent is a student. When the respondent is a student, a copy of the complaint will be delivered to the student and to the Dean of Students. In any case, formal complaints must be filed within one (1) year of the alleged sexual assault incident.

Documents and Witnesses:
Documents to be presented as evidence and names of potential witnesses must be presented to the AAO within 10 working days of filing of the complaint by the complainant and by the respondent within 10 working days of receiving the complaint. There will be a simultaneous exchange of documents and witness lists between complainant and respondent conducted and documented by the AAO at least 5 working days prior to the hearing.

Only listed witnesses will be allowed to address the Intervention Panel. If information is made available to the Intervention Panel during the course of the hearing that the Intervention Panel deems necessary for the resolution of the charge, the Intervention Panel is vested with the authority to request testimony from additional witnesses or request additional documentation. The Intervention Panel can only hear testimony from additional witnesses and can only review additional documents if it allows the complainant and the respondent additional time to prepare a response.

Selection of Intervention Panel:
Panel Membership: The panel will be a special committee comprised of one faculty member, one student member, and one staff member. The AAO, who is a non-voting member of the committee, will serve as chair of the committee.

Pools of Potential Panel Members: Each year the dean of each school shall appoint one faculty member to a faculty pool, and the Faculty Senate shall appoint four faculty members, one from each school, to the faculty pool. The Student Government Association shall appoint eight students to a student pool. At the same time, the Senior Vice President and Provost, upon the recommendation of the Support Staff and Professional Staff Councils, shall appoint four support staff and four professional staff to the support staff and professional staff pools. Thus, there will be eight faculty, eight students, four support staff, and four professional staff in the panel pool. All efforts will be made to ensure that the panel pools are diverse and representative of the university community.

When it becomes necessary to activate a panel to hear allegations of sexual assault, the AAO will coordinate a process of striking persons from each pool, one at a time, with the complainant and the respondent taking turns, until there is the appropriate number of persons left in each pool. The first strike will be made from the faculty pool, and then turns will alternate until only one faculty member is left. The same process will then be followed in the student pool. If the complainant is not a staff member, the same process will be followed in the student pool. If the complainant is not a staff member, the same process will be followed in a pool made up of the combined professional staff and support staff pools. If the complainant is a staff member, the process of strikes will be carried out in the staff pool corresponding to the complainant. The remaining three persons (1 faculty, 1 student, and 1 staff) will constitute the Intervention Panel.

Responsibilities of the AAO and Intervention Panel:
The AAO is responsible for:

1. Consulting with the complainant and formally notifying the respondent of the allegation.
   
2. Meeting with both the complainant and the respondent and collecting all facts bearing on the allegation.
   
3. Providing all potential Intervention Panel members training appropriate to the duties that they might perform.

Confidentiality: Complaint resolution proceedings will be closed. Pending final campus action on a complaint, all individuals charged with administering the policy will respect the confidentiality of the official proceedings and the complaint document. A confidential record of the panel decision will be maintained for a specific length of time, not to exceed three years, by the University AAO. Once dismissed, charges arising from that complaint may not be filed.

Authorized Actions: The panel, by majority vote (at least 2 to 1) based on a review of the allegation may:

1. Dismiss the complaint with the appropriate education, advice and counsel with the complainant and respondent.
   
   
2. Recommend the Initiation of a Hearing to resolve the matter. The recommendation to convene a hearing will be directed to the appropriate administrative officer. A copy of this recommendation will also be sent to the immediate administrative superior of the respondent and to the AAO:
   1. Appropriate academic dean if the respondent is a faculty member;
      
   2. Dean of students if the respondent is a student; or
      
   3. Appropriate vice president, president, or chancellor if the respondent is a staff member.

An intervention panel does not determine “guilt” or “innocence” in an allegation. The committee decides whether to recommend action. All actions of the panel must be recommended by a majority vote (at least 2-1).

If the intervention panel recommends that a hearing be convened, then the appropriate administrative officer will direct the AAO to initiate a hearing.

Both complainant and respondent will be informed of the outcome of the Stage II intervention proceedings.

Time frame: The intervention panel procedure begins with the initial filing of the complaint and should be completed within 40 working days.

Stage III: Hearing
The convening of a hearing to resolve a sexual assault complaint constitutes the formal complaint procedure for resolution.

A Hearing Committee will be convened in the following manner. It will consist of a total of five members. The members will be selected from the same pools of faculty, staff, and students used at Stage II. All members of the Stage II Intervention Panel will be excluded. Three members will be chosen by alternating strikeout from the pool of the respondent. If the complainant is from a different constituency than the respondent, one member will be chosen by alternating strikeout from the pool of the complainant. Finally one member will be chosen by alternating strikeout from the one remaining pool. If the complainant and respondent are from the same constituency, one panel member will be chosen by alternating strikeout from each of the two remaining pools. If the complainant or the respondent is a staff member, the appropriate pool (support staff/professional staff) will be used. As an alternative in cases in which the complainant and the respondent are from the same constituency, by mutual consent they may elect that all members of the panel be drawn from the pool of their common constituency. The Hearing Committee will select its own chair from among its membership.

Documents and Witnesses:
Documents to be presented as evidence and names of potential witnesses must be presented to the AAO within 10 working days following selection of the Hearing Committee. There will be a simultaneous exchange of documents and witness lists between complainant and respondent conducted and documented by the AAO at least 5 working days prior to the hearing.

Only listed witnesses will be allowed to address the Hearing Committee. If information is made available to the Hearing Committee during the course of the hearing that the Hearing Committee deems necessary for the resolution of the charge, the Hearing Committee is vested with the authority to request testimony from additional witnesses or request additional documentation. The Hearing Committee can only hear testimony from additional documents if it allows the complainant and respondent additional time to prepare a response.

After the hearing is concluded, the Hearing Committee will deliberate in closed session and arrive at a majority decision.

Authorized Actions: The charge to the Hearing Committee is 1) to determine whether sexual assault occurred, and 2) to determine appropriate action(s). Upon completion of the hearing, the Hearing Committee will recommend an appropriate action.

Authorized actions include:

1. Dismissal of the charge.
   
   
2. Written reprimand. The written reprimand may include other actions deemed appropriate by the Hearing Committee. Such actions may include, but not restricted to, recommendations for counseling, training sessions, and other educational activities.
   
   
3. Suspension for a specified time period (with or without pay for university faculty or staff). All cases of suspension shall require appropriate counseling.
   
   
4. Expulsion (students), or Termination (for university faculty or staff).
   
   
5. This procedure is to be used in place of all other procedures concerning grievances, but removal of tenure from a faculty member may only be accomplished through the grievance procedures outlined in the faculty handbook.

Hearing Committee: Findings and Recommendations:
Hearing Committee findings and recommendations will be forwarded to the appropriate administrative officers (i.e. the appropriate academic dean; dean of students; or appropriate vice president, president, or chancellor) for review and action. In reviewing the findings and recommendations of the hearing officer or grievance panel, the administrative officer may:

1. Concur with and initiate the appropriate process to effect the recommended action, or
   
   
2. Concur with the findings, but implement a different action, or
   
   
3. Reject the findings, recommendations, or both, and implement different actions.

As a result of the Hearing Committee’s findings and pending final determination of the case, the University may suspend (with pay for faculty or staff) or suspend (without negative academic consequences in the case of a student) a respondent.

NOTE: In case of 2 or 3, the administrative officer will notify the hearing committee, the complainant and the respondent in writing to explain the reason(s) for non-concurrence.

The investigatory process will cease with the findings and recommendations of the Hearing Committee.

Both complainant and respondent will be informed of the outcome of the Stage III hearing proceedings.

Time-frame: Complaint hearings should begin and conclude within 40 working days from the date the official written complaint is received by the AAO.

Records Retention and Confidentiality: During the procedures, the complaint and all documents will be kept confidential, except that the appropriate administrative officers will be kept informed on a “need to know” basis. At whatever stage the procedure above is completed, the file containing all documentation in the complaint will be sent to the Office of Affirmative Action and retained as a file with limited access. However, all findings of violations of the sexual assault policy and all sanctions imposed will be added to the respondent’s personnel and/or student file.

Appeals of Formal Hearing Actions: Both complainant and respondent have the right to appeal by means of a single appeal to the Vice President or President who made the determination.

Cross Complaints
The respondent may file a cross complaint during the pendency of the process.