policy

Sexual Assault Policy

Introduction

ICC Austin is committed to fostering housing environments that allow students of all identities to thrive and fully participate in their community. ICC Austin has a zero-tolerance policy for sexual harassment, sexual violence, and sexual assault. These behaviors violate ICC Austin's core values, state and federal law, the Univerity of Texas Student Code of Conduct, and directly impact a member's ability to live safely in their home. ICC Austin will respond promptly and effectively to all reports of sexual harassment and sexual violence. 

This policy is intended to provide an avenue for ICC Austin members to take action within the organization. ICC Austin encourages those subjected to sexual violence to seek professional support and to consider other formal actions. The decision to report to the police and/or university officials is solely at the discretion of the survivor. 

Policy

  1. ICC Austin prohibits sexual harassment, sexual violence, and sexual assault. Consent is mandatory and must be given/obtained prior to all instances of sexual activity.
  2. ICC Austin will provide consent training to all members through new member education. Members may also request an in-house workshop facilitated by the Program Director. SAFE resources will be posted on all house bulletin boards. 
  3. Should a member commit an act of sexual violence, upon written notification of the incident, ICC Austin will immediately terminate the Member Resident Agreement under section 4.3E. 
  4. Every reasonable effort will be made to protect the privacy of all individuals involved in an incident of sexual violence. However, due to the nature of group-residential living, ICC Austin cannot guarantee absolute confidentiality. 
  5. ICC Austin recognizes that a member who has been sexually assaulted may need temporary housing accommodations. ICC Austin will reimburse a member for temporary housing under this policy for a maximum of 3 nights at a rate not to exceed $150 per night. The maximum reimbursement is $450. Receipt of payment for accommodations must be submitted to ICC Austin staff in order to be reimbursed. Members with financial hardships should contact staff for support with temporary accommodations. 
  6. ICC Austin recognizes that any instance of sexual violence can be harmful to an entire community and may significantly disrupt house operations. The Program Director will monitor the situation and work with the trustee to support the needs of the community. This may include connections with outside resources, such as SAFE, arranging for professional mediation services, or other assistance as requested/needed.
Procedure

  1. A member who has been a victim of sexual violence must submit a written incident report that includes the name of the perpetrator, the date and approximate time of the event, and a brief description of what happened.
  2. Upon receipt of an incident report, the Program Director will schedule a consultation meeting with the reporting member to gather more information about the incident and provide external resources for follow-up support. 
  3. After the consultation meeting with the victim, the Program Director will meet with the named perpetrator. A Notice to Vacate will be hand-delivered and the Member Resident Agreement will be terminated immediately. The member will have 3 days to vacate the premises.
  4. There is no judicial process. ICC Austin has zero-tolerance for sexual harassment, sexual assault, and/or sexual violence. Your contract will be terminated immediately if you are reported for breaking this policy.  
Definitions

  • Sexual harassment – unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment may occur in person, via text message, and/or online including through email and social media – both public and private messaging. Sexual harassment is conduct that explicitly or implicitly affects or interferes with a person’s work or educational performance; and in the context of ICC Austin, creates a housing environment such that a reasonable person would find the conduct intimidating, hostile or offensive. Sexual harassment includes sexual violence (definition below). Sexual harassment may occur in hierarchical relationships, between peers, and/or between individuals of all sexes and gender identities.

  • Sexual violence – physical sexual acts engaged without the consent of the other person or when the other person is unable to consent to the activity. Sexual violence includes sexual assault (definition below), rape, battery, sexual coercion, domestic violence, dating violence, and stalking (definition below). 

  • Sexual assault – engaging in sexual intercourse or nonconsensual sexual touching, including oral penetration, with any person without that person’s consent (definition below) or when the other person is unable to consent to the activity. Sexual intercourse is the penetration, however slight, of the vagina or anus with any object or body part. The activity or conduct may include physical force, violence, threat, or intimidation, ignoring the objections of the other person, causing the other person’s intoxication or incapacitation through the use of drugs or alcohol, or taking advantage of the other person’s incapacitation (including voluntary intoxication). 

  • Consent – unambiguous and willing participation or cooperation in an act or attitude that is commonly understood to be consistent with the exercise of free will. Consent requires participants who are fully conscious, are equally free to act, have clearly communicated their willingness, cooperation, or permission to participate in a specific sexual activity, are positive and clear in their desires, and are able to cease ongoing consensual activity at any time. Refusal to consent does not have to be verbal; it can be expressed with gestures, body language, or attitude. Consent to some form of sexual activity does not imply consent to other forms of sexual activity. A prior sexual history between the complainant and respondent does not constitute consent. Even in the context of a relationship, there must be mutual consent to engage in sexual activity. Consent must be ongoing throughout a sexual encounter and can be revoked at any time. Once consent is withdrawn, the sexual activity must stop immediately.

  • Incapacitation - the physical and/or mental inability to make informed, rational judgments. States of incapacitation include, but are not limited to, unconsciousness, sleep, and blackouts. Where alcohol, drugs, or other medication are involved, incapacitation is defined with respect to how the alcohol or other drugs consumed affect a person’s decision-making capacity, awareness of consequences, ability to make fully informed judgments, and inability to communicate. Being intoxicated by drugs, alcohol or other medication does not absolve one’s responsibility to obtain consent. The factors to be considered when determining whether consent was given include whether the accused knew, or whether a reasonable person should have known, that the complainant was incapacitated.

  • Stalking - a course of conduct directed at a specific person that would cause a reasonable person to feel fear. A course of conduct is a pattern of behavior composed of two or more acts over any period of time. Stalking can happen to anyone of any race, age, sexual orientation, religion, or gender and can affect every aspect of a victim’s life.

Resources

  • SAFE Austin Confidential Hotline:  512-267-7233
  • National Domestic Violence Hotline:  1-800-799-7233
  • UT Austin Crisis Line:  512-471-2255
  • UT Austin Nurse Advice Line:  512-475-6877
  • Love is Respect:  1-866-331-9474
  • Campus Sexual Violence Statistics 
If you are in immediate danger or need urgent medical care, dial 9-1-1.






Policy reviewed & updated: July 5, 2022