ACC Cares About You: Student & Employee Rights and Options

Contact the Office of Compliance to request a printed version of this document or view the digital version here.

• Values Statement

  • Austin Community College District (ACC) is committed to fostering a healthy and safe environment. The College supports a culture that does not tolerate sexual discrimination, including sexual violence, and sexual harassment in any form. The College community has a collective obligation, to responsibly address all forms of sexual misconduct, and to provide resources and information on how to report.

    Any ACC student or employee who experiences, witnesses or is otherwise affected by any form of sexual misconduct will have equal access to support and counseling services through the College, including supportive measures and resources.

    Additionally, the College strongly encourages individuals to report incidents to the proper authority. The College recognizes, however, that the decision to report can be difficult. The College strongly encourages individuals who are considering whether to report, to seek the support of confidential campus and community resources, as provided in this guide, in particular the licensed professional counselors at the College available for all students, or through the College’s Employee Assistance Program for employees. These support resources are available regardless of when or where the incident occurred.

    There are many resources available on campus and in the surrounding community. The information contained here is updated annually. Keep in mind that the confidential resources that are provided by law cannot share information without the consent of the individual seeking assistance (in most circumstances).

• Introduction

  • ACC does not discriminate on the basis of sex in its educational programs and activities. Sexual violence, including sexual harassment and sexual assault are types of sex discrimination. Other acts can also be forms of sex-based discrimination, and are also prohibited by ACC as well as federal and state law, and include dating violence, domestic violence, stalking, and sexual harassment, including sex or gender-based harassment that is not sexual in nature. Because you are reporting a possible form of sex-based discrimination, ACC wants to inform you of its policy and procedures that address sexual assault, domestic violence, dating violence, and stalking, whether the incident occurs on or off-campus, as well as your rights, resources, and the College’s responsibilities.

    As a Complainant of sexual assault, dating violence, domestic violence or stalking, you will receive a full copy of ACC’s Prohibition of Sexual Misconduct Administrative Rule (3.10.003), referred to as the “Policy”. The following procedures are in place to assist those who report sexual assault, domestic violence, dating violence, and stalking: Title IX Grievance Procedures (3.10.003.1); and Sexual Misconduct Investigation Procedures (3.10.003.2).

    The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—(A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress. See the full State definition on page 15 and the full Clery Act definition, on which College Policy is based, in the Annual Security Report. It is important to note that, there is no mention in the definition, or requirement of any kind, that the stalking be gender or sex-based. The Clery Act requires all victims of stalking to receive written notification of their rights and options. As a result, certain resources in this document may not seem relevant to your scenario (for example, information about medical facilities and the services they offer). Know that ACC cares for your safety and will address your concerns regardless of the type of stalking you experienced. Should you have any questions, assistance is available in determining which resources will be most helpful to you.

    The College’s procedures include information about your right to file criminal charges, as well as the availability of medical, counseling and support services. We also offer additional remedies to prevent contact between a Complainant and Respondent, such as temporary or permanent changes to academic schedule, worksite, and transportation, if reasonably available.

    Although the College does not operate on campus or off-campus housing facilities, assistance with living arrangements can be provided by connecting you to available community resources. The Policy also addresses possible sanctions and interim and/or long-term protective measures that ACC may impose following a report through the final determination of the discipline process.

    If you would like more information than is contained in this handout regarding any process or procedure, or if you’d like to make a report, ask questions about ACC’s policy or need to request an adjustment to your academic or working arrangements regardless of whether or not you chose to report the crime to law enforcement or campus police, contact the District Title IX Coordinator, Charlene Buckley, 5930 Middle Fiskville Road, Austin, TX 78752, charlene.buckley@austincc.edu or compliance@austincc.edu, 512-223-7964.

    To contact the Department of Education’s Office for Civil Rights:

    U.S. Department of Education Office for Civil Rights

    Lyndon Baines Johnson Department of Education Building

    400 Maryland Avenue, SW Washington, DC 20202-1100

    T: 800-421-3481 | F: 202-453-6012 | TDD: 800-877-8339 | E: OCR@ed.gov

• Incident Aftercare

  • After an incident of sexual assault, dating violence, or domestic violence, the victim should consider seeking medical attention as soon as possible. In Texas, evidence may be collected even if you chose not to make a report to law enforcement. State law allows an individual to have a Sexual Assault Forensic Exam (SAFE) if the victim/survivor arrives at the facility within 120 hours (5 days) after the sexual assault and consents to the examination. A victim does not have to report to law enforcement to obtain a SAFE exam.

    A victim is not required to participate in the investigation or prosecution of an offense as a condition of receiving the forensic medical examination, or to pay for the forensic portion of the examination or for the evidence collection kit. If the facility does not provide these services, the victim should be referred to a healthcare facility that does. The facilities listed in the chart below offer SAFE exams and evidence collection, or can provide a referral to a facility that does.

    Victims (employees or students) may also contact SAFE (an off-campus non-profit sexual violence resource center) to speak with a confidential advocate 24 hours a day, 7 days a week by calling 512-267-SAFE (7233). SAFE’s Eloise House clinic provides 24/7 free sexual assault forensic exams and medical care. To talk confidentially about options, you can contact SAFEline by phone, text, or chat. Access the SAFE website at www.safeaustin.org/learn-more/sexualassault

    Evidence Preservation & Reporting

    It is important that a victim of sexual assault not bathe, douche, smoke, change clothing or clean the bed/linen/area where they were assaulted if the offense occurred within the past 120 hours so that evidence as may be necessary to the proof of criminal activity may be preserved.

    In circumstances of sexual assault, if victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted disease.

    Victims of sexual assault, domestic violence, dating violence, and stalking are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents, if they have any, that would be useful to college investigators or police.

    Although the College strongly encourages all members of its community to report these offenses to law enforcement, it is the victim’s choice whether or not to make such a report and victims have the right to decline involvement with the police.

    To report an incident involving a sexual assault, domestic violence, dating violence, or stalking, contact the District Title IX Coordinator, Charlene Buckley at 512-223-7964. In an emergency, dial 911. Victims are encouraged to report to ACC District Police by phone 512-223-1231 or in person at all campuses. Additional information about the ACC District Police Department may be found online at: www.austincc.edu/police. The District Title IX Coordinator will assist any victim with notifying police if they choose.

    Orders of Protection & Other Interim/Protective Measures

    Austin Community College complies with Texas law in recognizing orders of protection issued out of Texas and other states. Any person who obtains an order of protection should provide a copy to District Police and the Office of the Title IX Coordinator. The District Police generates a report and acquires a copy of the protective order. A Complainant may then meet with District Police to develop a Safety Action Plan, which is a plan for district police and the victim to reduce risk of harm while on campus, or coming and going from campus. This plan may include, but is not limited to: police escorts, changing class sections, classroom location, allowing a student to complete assignments from home, etc. Protective orders may be available through calling the Travis County Attorney’s Office at 512-854-4163 or the county attorney’s office in your jurisdictions (see community resources chart in the Victim Resources tab).

    For detailed information about how to obtain protective orders and emergency protective orders, and related resources, please refer to the Victim’s Assistance Information Resource Guide, available at all District Police offices, and the Office of the District Title IX Coordinator. Additionally, mutual no contact orders issued by the College can be obtained from the District Title IX Coordinator.

    At the request of the victim, college offices, including Student Affairs, Human Resources and the District Police, will work cooperatively to ensure that the Complainant's health, physical safety, work and academic status are protected, pending the outcome of a formal college investigation of the complaint. For example, if requested and reasonably available, the College will offer the Complainant changes to academic and working situations in addition to ACC Clinical Counseling Services, information regarding off-campus health services, and assistance in notifying appropriate law enforcement, as coordinated by the District Title IX Coordinator.

    The College will maintain the privacy of any interim and protective measures provided to the extent practicable and will promptly address any violations of protective measures put in place. Additionally, personal identifiable information about the victim will be treated as private, and only shared with persons with a specific need to know, who are addressing, investigating, adjudicating the complaint, or delivering resources or support services to the Complainant.

    The College will exclude personally identifying information about the victim when completing publicly available recordkeeping. Victims may request that directory information on file be removed from public sources by request to the Admissions and Records Office at each campus or at student.records@austincc.edu.

• Resources for Victims

  • The following resources are available for victims of sexual assault, domestic violence, dating violence, and/or stalking.

    Resources within the College

    College Department	Address	Phone Number
    ACC District Police and Victim's Assistance	6001 Airport Blvd., Ste. 2390, Austin, TX 78752	512-223-1231
    CARES Team	To submit a concern regarding concerning, disruptive or threatening behavior of a student: www.austincc.edu/report-an-incident	N/A
    Community Mental Health Resources	www.austincc.edu/students/counseling/community-mental-health-resources	N/A
    District Clinical Counseling Services	Locations on multiple campuses. See website for information: www.austincc.edu/counseling	N/A
    District Title IX Coordinator, Charlene Buckley	5930 Middle Fiskville Rd., Austin, TX 78752	512-223-7964
    Employee Assistance Program (EAP)	ACC's EAP is provided by Dear Oaks www.deeroakseap.com	888-993-7650 TTY/TDD: 800-735-2989
    Student Financial Aid	Locations on multiple campuses. See website for information: www.austincc.edu/tuition-and-financial-aid/obtain-financial-aid	512-223-4636
    Office of the Ombudsperson	To schedule a meeting: https://calendly.com/acc-ombuds	512-223-1070

    Resources within the Community

    Counseling and Mental Health

    Entity	Address/Website	Phone Number
    2-1-1 Texas	www.211texas.org/mental	2-1-1
    Blueonnet Trails 24-hour Crisis & Suicide Hotline (Williamson County)	www.bbtrails.org/services/crisis-services	800-841-1255
    Capital Area Counseling	www.cacaustin.org	512-302-1000 ext.100
    The Christi Center	www.christicenter.org	512-467-2600
    Family Crisis Center (Bastrop County)	www.family-crisis-center.org	800-311-7755
    Hill Country MHDD Center (Hays County)	www.hillcountry.org	Kyle: 512-392-8953 San Marcos: 512-392-7151
    Integral Care 24-hour Crisis & Suicide Hotline (Austin/Travis County)	www.integralcare.org/program/247-crisis-helpline	512-472-HELP (4357)
    Lifeworks	www.lifeworksaustin.org	512-735-2400
    Lone Star Circle of Care	www.lonestarcares.org	512-800-5722
    SAFE Alliance (Travis  County)	151 Grove Blvd., Bldg A, Austin, TX 78741 www.safeaustin.org	24-hour line: 512-267-SAFE (7233) Text: 737-888-7233
    Samaritan Center	www.samaritan-center.org	512-451-7331 ext. 8
    Texas Association Against Sexual Assault	7700 Chevy Chase Dr., Austin, TX 78752 www.taasa.org	512-747-7190
    Waterloo Counseling Center	www.waterloocounseling.org	512-444-9922

    National Resource Hotlines

    Entity	Address/Website	Phone Number
    National Domestic Violence Hotline	www.thehotline.org	800-799-SAFE (7233)
    RAINN - National Sexual Assault Hotline	www.rainn.org	800-656-HOPE (4673)

    County Legal Services, Victim Services, and Protective Orders

    Entity	Address/Website	Phone Number
    Attorney General of Texas	www.texasattorneygeneral.org/crime-victims	800-983-9933 or 512-936-1200
    Bastrop County District Attorney (Protective Orders)	804 Pecan St., Bastrop, TX 78602	512-581-7125
    Bastrop County Sheriff's Office	200 Jackson St., Bastrop, TX 78602	512-303-1080
    Child Protective Services (CPS)	www.dfps.state.tx.us/child_protection	800-252-5400
    Hays County Government Center (Protective Orders)	712 Stagecoach Trail, Ste. 2057, San Marcos, TX 78666	512-393-7600
    Hays County Sheriff's Office	1307 Uhland Rd., San Marcos, TX 78666	512-393-7800
    Travis County Attorney (Protective Orders)	509 W 11th St., Austin, TX 78701	512-854-4163
    Travis County Sheriff's Office	5555 Airport Blvd., Austin, TX 78751	512-854-9770
    Williamson County Attorney (Protective Orders)	405 MLK St., 2nd Floor, Courthouse Annex Bldg., Georgetown, TX 78626	512-943-1918
    Williamson County Sheriff's Office	508 S. Rock St., Georgetown, TX 78626	512-943-1300

    Victim Advocacy

    Entity	Address/Website	Phone Number
    Hays / Caldwell Women's Center (Hays County)	www.hcwc.org	24-hour line: 512-396-4357
    HOPE Alliance (Williamson County)	www.hopealliancetx.org	24-hour line: 800-460-SAFE (7233)
    Lone Star Victim's Advocacy Project	www.lsvap.org	512-715-4831
    SAFE Alliance (Travis County)	151 Grove Blvd., Bldg. A, Austin, TX 78741 www.safeaustin.org	24-hour line: 512-267-SAFE (7233) Text: 737-888-7233
    Texas Advocacy Project, Inc.	www.texasadvocacyproject.org	800-374-HOPE (4673)
    TexasLawHelp.org	www.texaslawhelp.org	Family Violence Legal Line: 512-476-5770 Family Law Line: 512-476-1866

    Medical Facilities

    Entity	Address/Website	Phone Number
    Ascension Seton Hays	6001 Kyle Pkwy., Kyle, TX 78640	512-504-5000
    Ascension Seton Hospital Williamson	201 Seton Pkwy., Round Rock, TX 78665	512-324-4000
    Ascension Seton Medical Center Austin	1201 W 38th St. Austin, TX 78705	512-324-1000
    Ascension Seton Northwest Hospital	11113 Research Blvd., Austin, TX 78759	512-324-6000
    Baylor Scott & White Medical Center- Round Rock	300 University Blvd., Round Rock, TX 78665	512-509-0100
    Cedar Park Regional Medical Center	1401 Medical Pkwy., Cedar Park, TX 78613	512-528-7000
    Dell-Seton Medical Center at The University of Texas at Austin	1500 Red River St., Austin, TX 78701	512-324-7000
    Baylor Scott & White Medical Center- Temple	2401 S. 31st St., Temple, TX 76508	754-724-2111
    St. David’s Georgetown Hospital	2000 Scenic Dr., Georgetown, TX 78626	512-943-3000
    St. David’s Medical Center	919 E. 32nd St., Austin, TX 78705	512-544-7111
    St. David’s Medical Center- North Austin	12221 N. Mopac Expwy., Austin, TX 78758	512-901-1000
    St. David’s Medical Center- Round Rock	2400 Round Rock Ave., Round Rock, TX 78681	512-341-1000
    St. David’s Medical Center- South Austin	901 W. Ben White Blvd., Austin,TX 78704	512-447-2211

    Law Enforcement

    Entity	Address/Website	Phone Number
    Austin Police Department	715 E. 8th St., Austin, TX 78701	512-974-5000 non-emergency) 512-974-5037 (victim services)
    Austin ISD Police Department	4000 S. IH 35 Frontage Rd., Austin, TX 78704	512-414-1703 (emergency/non-emergency)
    Cedar Park Police Department	911 Quest Pkwy., Cedar Park, TX 78613	512-260-4600 (non-emergency) 512-260-4656 (victim services)
    Elgin Police Department	202 Depot St., Elgin, TX 78621	512-285-5757 (non-emergency)
    Kyle Police Department	111 N. Front St., Kyle, TX 78640	512-268-3232 (non-emergency) 512-268-0859 (victim services)
    Leander Police Department	705 Leander Dr., Leander, TX 78641	512-528-2800 (non-emergency) 512-528-2872 (victim services)
    Round Rock Police Department	221 East Main St., Round Rock, TX 78664	512-218-5500 (non-emergency) 512-341-3124 (victim services)

    Legal Assistance

    Entity	Address/Website	Phone Number
    Legal Aid for Survivors of Sexual Assault (LASSA)	www.legalaidforsurvivors.org	800-991-5153
    Texas Advocacy Project, Inc.	www.texasadvocacyproject.org	800-374-HOPE (4673)
    Texas Law Help	www.texaslawhelp.org	Family Violence Legal Line: 512-476-5770 Family Law Line: 512-476-1866

    Visa and Immigration Assistance

    Entity	Address/Website	Phone Number
    Legal Aid for Survivors of Sexual Assault (LASSA)	www.legalaidforsurvivors.org	800-991-5153
    Refugee and immigrant Center for Education and Legal Services, Inc.	www.raicestexas.org	512-994-2199
    Texas Law Help	www.texaslawhelp.org	Family Violence Legal Line: 512-476-5770 Family Law Line: 512-476-1866

• Risk Reduction

  • No victim is ever to blame for being assaulted or abused. Unfortunately, a person who is the victim of sexual or dating violence is more likely to be re-victimized. Below are some tips to help reduce your risk, to recognize warnings signs of abusive behavior and how to avoid potential attacks.

    Warning Signs of Abusive Behavior

    Domestic and dating abuse often escalates from threats and verbal abuse to violence. And, while physical injury may be the most obvious danger, the emotional and psychological consequences of domestic and dating violence are also severe. Warning signs of dating and domestic violence include:

    1. Being afraid of your partner.
    2. Constantly watching what you say to avoid a "blow up."
    3. Feelings of low self-worth and helplessness about your relationship.
    4. Feeling isolated from family or friends because of your relationship.
    5. Hiding bruises or other injuries from family or friends.
    6. Being prevented from working, studying, going home, and/or using technology (including your cell phone).
    7. Being monitored by your partner at home, work or school.
    8. Being forced to do things you don’t want to do.

    Sexual violence is never the fault of the victim. There are certain measures that can be taken to help mitigate risk of harm:

    Help Reduce Your Risk and Avoid Potential Attacks

    1. 1. If you are being abused or suspect that someone you know is being abused, speak up or intervene.
    2. Get help by scheduling an appointment or referral with District Clinical Counseling Services at www.austincc.edu/counseling.
    3. Learn how to look for “red flags” in relationships so you can learn to avoid some of those characteristics in future partners.
    4. Consider making a report with District Police and/or the Title IX Coordinator and ask for a No Contact directive from the College to prevent future contact.
    5. Consider getting a protective order (Contact ACC District Police Victim’s Assistance at 512-223-1231).
    6. Learn more about what behaviors constitute dating and domestic violence, understand it is not your fault, and talk with friends and family members about ways you can be supported.
    7. Trust your instincts—if something doesn’t feel right in a relationship, speak up or end it.

    Sexual Assault Prevention

    The RAINN: Rape Abuse & Incest National Network has provided the following suggestions for the prevention of sexual assault.

    1. Be aware of rape drugs.
    2. Try not to leave your drink unattended.
    3. Only drink from unopened containers or from drinks you have watched being made and poured.
    4. Avoid group drinks like punch bowls.
    5. Cover your drink. It is easy to slip in a small pill even while you are holding your drink. Hold a cup with your hand over the top, or choose drinks that are contained in a bottle and keep your thumb over the nozzle.
    6. If you feel extremely tired or drunk for no apparent reason, you may have been drugged. Find your friends and ask them to leave with you as soon as possible.
    7. If you suspect you have been drugged, go to a hospital and ask to be tested.
    8. Keep track of how many drinks you have had.
    9. Try to come and leave with a group of people you trust.
    10. Avoid giving out your personal information (phone number, where you live, etc.). If someone asks for your number, take his/her number instead of giving out yours.

    Traveling around Campus (walking)

    1. Make sure your cell phone is easily accessible and fully charged.
    2. Be familiar with where emergency phones are installed on the campus.
    3. Be aware of open buildings where you can use a phone.
    4. Take major, public paths rather than less populated shortcuts.
    5. Avoid dimly lit places and talk to campus services if lights need to be installed in an area.
    6. Avoid putting music headphones in both ears so that you can be more aware of your surroundings, especially if you are walking alone.
    7. Carry a noisemaker (like a whistle) on your keychain.
    8. Carry a small flashlight on your keychain.
    9. Walking on campus at night is sometimes unavoidable, so try to walk with a friend.
    10. If walking feels unsafe, call ACC District Police at 512-223-1231 to arrange an escort.
• Disciplinary Procedures Following a Compliant

  • Whether or not criminal charges are filed, a Complainant may file a complaint under Administrative Rule 3.10.003: Prohibition of Sexual Misconduct, alleging that a student or employee violated the College’s Policy. Reports of all sexual assault, domestic violence, dating violence, and stalking made to ACC District Police will be referred to the District Title IX Coordinator for review, regardless of whether the Complainant choses to pursue criminal charges.

    The College’s disciplinary process will include a prompt, fair, and impartial investigation and resolution process. Investigators are trained annually on the issues related to sexual assault, domestic violence, dating violence, and stalking and taught how to conduct an investigation and adjudication process that protects the safety of the victim and promotes accountability. The Policy provides that:

    The Complainant and the Respondent each have the opportunity to talk with a trained investigator and share information regarding the situation;

    The Complainant and the Respondent each have the opportunity to be advised by a personal advisor of their choice, if requested, at any stage of the process and to be accompanied by that advisor at any meeting or proceeding;

    A determination as to whether prohibited conduct occurred is based on the preponderance of evidence standard, i.e. “more likely than not to have occurred” standard. In other words, the conduct process asks: “is it more likely than not that the Respondent violated the College’s Administrative Rule 3.10.003?”

    The Complainant and the Respondent will be notified simultaneously in writing of the outcome of any disciplinary proceeding, as well as any changes to those results or disciplinary actions prior to the time that such results become final; and The Complainant and the Respondent each have the right to appeal the outcome of an investigation by informing the District Title IX Coordinator within five (5) days of the decision letter, and based on one of the acceptable reasons for appeal, as contained in the Policy, and will be notified simultaneously in writing of the final outcome after the appeal is resolved.

    Any person alleging sexual assault, domestic violence, dating violence, or stalking may utilize the complaint and investigatory procedures set forth in the College’s Policy in order to remedy any hostile environment. All conduct proceedings against students and employees will be resolved through the AR 3.10.003 Prohibition of Sexual Misconduct. Allegations of Title IX violations will be addressed through AR 3.10.003.1 Title IX Grievance Procedures. Allegations of other violations of sexual misconduct will be addressed through 3.10.003.2 Sexual Misconduct Investigation Procedures.

    In all cases, investigations that result in a finding of more likely than not that a violation of the Policy occurred will lead to the initiation of disciplinary procedures against the Respondent. College sanctions (including warning, disciplinary probation, restitution, suspension, expulsion, criminal trespass warning, no contact order, revocation of admission and/or degree, withholding degree, or suspension or termination of employment) may be imposed upon those determined to have violated the Policy.

    The College may implement protective measures following the report of domestic violence, dating violence, sexual assault and/or stalking which may include some or all of the following actions: Mutual no contact order, adjustment of class or work schedule, or assistance with requesting protective orders, and more. For students and employees, sexual assault, domestic violence, dating violence, and stalking are violations of this Policy. Employees who violate this policy will be subject to discipline, up to and including termination of employment, and students are subject to discipline, up to and including, expulsion. Sexual assault, domestic violence, dating violence, and stalking are criminal acts which also may subject the perpetrator to criminal and civil penalties under federal and state law.

• State Law Definitions

  • If a person would like to press criminal charges for an alleged violation of any of the below criminal offenses, or would like to seek an order of protection, the definitions contained in the Texas Penal Code and Texas Family Code would apply, not the Clery Act definitions on which College Policy is based. The Clery Act definitions can be found in the Annual Security Report, or online at www.austincc.edu/about-acc/clery-act/annual-security-report.

    Dating Violence

    "Means an act, other than a defensive measure to protect oneself, by an actor that:

    1. is committed against a victim or applicant for a protective order:
       1. with whom the actor has or has had a dating relationship; or
       2. because of the victim's or applicant's marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage; and
    2. is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim or applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault.

    ‘Dating relationship’ means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of:

    1. the length of the relationship;
    2. the nature of the relationship; and
    3. the frequency and type of interaction between the persons involved in the relationship.

    A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a ‘dating relationship.’” Texas Family Code Section 71.0021.

    Domestic (Family) Violence

    “an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself, or abuse by a member of a family or household toward a child of the family or household, or dating violence.” Texas Family Code Section 71.004.

    Stalking

    “a person who, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct that:

    1. The person knows or reasonably should know the other person will regard as threatening
       1. bodily injury or death for the other person
       2. bodily injury or death for a member of the other person's family or household or for an individual with whom the other person has a dating relationship; or
       3. that an offense will be committed against the other person’s property, and
    2. causes the other person, a member of the other person's family or household, or an individual with whom the other person has a dating relationship to be placed in fear of bodily injury or death or in fear that an offense will be committed against the other person's property, or to feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended; and
    3. Would cause a reasonable person to:
       1. fear bodily injury or death for himself or herself
       2. fear bodily injury or death for a member of the person's family or household or for an individual with whom the person has a dating relationship;
       3. fear that an offense will be committed against the person's property; or
       4. feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended.

    A fact finder may find that different types of conduct described above, if engaged in on more than one occasion, constitute conduct that is engaged in pursuant to the same scheme or course of conduct.” Texas Penal Code Section 42.072.

    Sexual Assault

    "a person commits an offense if:

    the person intentionally or knowingly:
    1. causes the penetration of the anus or sexual organ of another person by any means, without that person's consent;
    2. causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or
    3. causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or
    1. regardless of whether the person knows the age of the child at the time of the offense, the person intentionally or knowingly:
       1. causes the penetration of the anus or sexual organ of a child by any means;
       2. causes the penetration of the mouth of a child by the sexual organ of the actor;
       3. causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor;
       4. causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or
       5. causes the mouth of a child to contact the anus or sexual organ of another person, including the actor.

    A sexual assault is without the consent of the other person if:

    1. the actor compels the other person to submit or participate by the use of physical force, violence, or coercion;
    2. the actor compels the other person to submit or participate by threatening to use force or violence against the other person or to cause harm to the other person, and the other person believes that the actor has the present ability to execute the threat;
    3. the other person has not consented and the actor knows the other person is unconscious or physically unable to resist;
    4. the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it;
    5. the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring;
    6. the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge;
    7. the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat;
    8. the actor is a public servant who coerces the other person to submit or participate;
    9. the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor;
    10. the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser;
    11. the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code; or
    12. the actor is a health care services provider who, in the course of performing an assisted reproduction procedure on the other person, uses human reproductive material from a donor knowing that the other person has not expressly consented to the use of material from that donor.

    ‘Child’ means a person younger than 17 years of age. ‘Spouse’ means a person who is legally married to another.” Texas Penal Code Section 22.011.

    Consent

    The state of Texas does not have a standalone definition of consent, in relation to sexual activity. However, sexual assault is considered without consent of the other person if the conditions outlined in the 2nd paragraph of the sexual assault definition (Sec. 22.011 (b)) are met.