In keeping with its educational mission and federal law, Mountain View College prohibits and will not tolerate sexual assault, sexual violence, domestic violence, dating violence or stalking within the Mountain View College (MVC) community. Members of the MVC community must be able to work, study, research, and learn in an environment free from all offenses that are not conducive to education. The College seeks to eliminate these as well as all forms of sexual or relationship violence and misconduct through prevention and education programs, staff training, policy prohibitions, and effective responses to (and severe sanctions for) criminal conduct and violations of the MVC student code of conduct.Sexual activity between two persons must be based on mutual consent. In the absence of shared consent about sexual activity or where there is confusion or ambiguity about whether consent has been given, students and other members of the community can cause harm or be harmed. They may also find themselves charged with and/or be found guilty of crimes or rule violations involving sexual misconduct. The Campus Save Act of 2013 requires MVC to inform students of the legal definitions of the crimes of sexual assault, dating violence, domestic violence, stalking, and of consent in the State of Texas.Any student, administrator, supervisor, or staff member who becomes aware that a student or employee is being violated per the laws covered within the Campus Save Act are required to report the alleged violation(s) to any Campus Security Authority (CSA). Any person may report an alleged violation of this procedure whether or not the person is affected by the conduct or action.Campus Security Authorities are officials with significant responsibility for student and campus activities.
Campus Security Authorities DO NOT include faculty members who do not have responsibility for a student or campus activity beyond the classroom or the following staff members:
DEFINITIONS:Sexual Assault: generally refers to any type of sexual contact or behavior that occurs by force or without consent of the recipient of the unwanted sexual activity, including forced sexual intercourse, forcible sodomy, child molestation, incest, fondling and rape, as well as sexual acts against people who are unable to consent due to age or lack of capacity. Under Texas law, sexual assault is committed when a person intentionally or knowingly: causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent; causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or 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. Sexual assault also occurs when a person intentionally or knowingly: causes the penetration of the anus or sexual organ of a child by any means; causes the penetration of the mouth of a child by the sexual organ of the actor; causes the sexual organ of a child to contact or penetrate the mouth, anus or sexual organ of another person, including the actor; causes the anus of a child to contact the mouth, anus or sexual organ of another person, including the actor; or causes the mouth of a child to contact the anus or sexual organ of another person, including the actor. (Texas Penal Code § 22.011)Aggravated Sexual Assault: is defined under Texas law as encompassing the above situations and including: where the perpetrator causes serious bodily injury or attempts to cause the death of the victim or another in the course of the same criminal episode; the perpetrator, by acts or words, places the victim in fear that the victim or any person will become the victim of a human trafficking offense or that death, serious bodily injury or kidnapping will be imminently inflicted on any person; the perpetrator uses or exhibits a deadly weapon during the criminal episode; the accused acts in concert with another who engages in conduct described above toward the same victim and occurring during the course of the same criminal episode; the perpetrator administers or provides flunitrazepam (known as rohypnol), gamma hydroxybutyrate or ketamine to the victim of the offense with the intent of facilitating the commission of the offense; where the victim is younger than 14 years of age; where the victim is an elderly individual or a disabled individual; or the actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person’s employment as a public servant or status as a security officer. (Texas Penal Code § 22.021)Texas law defines consent by enumerating instances in which consent does not exist, including when: the victim submits or participates in the sexual activity through use of physical force or violence or through the threat of force or violence against the other victim, who believes that the actor is able to execute the threat; the victim has not consented and the actor knows the victim is unconscious or physically unable to resist; the actor knows a mental disease or defect renders the victim incapable of appraising the nature of the act or resisting it; the victim has not consented and the actor knows the victim is unaware that the sexual assault is occurring; the actor has intentionally impaired the victim’s power to appraise or control his or her conduct by administering any substance without the victim’s knowledge; the actor compels submission or participation by threatening to force or violence against any person (and the victim believes the actor is able to execute the threat); the actor is a public servant who coerces the victim to submit or participate; the actor is a mental health services provider or a health care services provider who causes the victim, who is a current or former patient, to submit or participate by exploiting the victim’s emotional dependency on the actor; 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; or the actor is an employee of a facility where the other person is a resident (unless the two are married). (Texas Penal Code § 22.011(b))Stalking: is generally understood to refer to a pattern of repeated and unwanted attention, harassment, contact or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear. Stalking is specifically defined in Texas as occurring if the person, on more than one occasion and pursuant to the same scheme or course of conduct directed specifically at another person, knowingly engages in conduct that: (1) the actor knows or reasonably believes the other person will regard as threatening bodily injury or death for the other person, 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 that an offense will be committed against the other person’s property; (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 fear that an offense will be committed against the other person’s property; and (3) would cause a reasonable person to fear bodily injury or death, 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, or that an offense will be committed against the person’s property. (Texas Penal Code § 42.072)Dating Violence: is often referred to as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on length and type of the relationship and the frequency of interaction between the persons involved in the relationship. In Texas, “domestic violence” is defined as an act (other than a defensive measure to protect oneself) by an actor that is committed against a victim with whom the actor has or has had a dating relationship or against a victim because of the victim’s marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage, and is intended to result in physical harm, bodily injury, assault or sexual assault or that is a threat that reasonably places the victim in fear of imminent physical harm, bodily injury, assault or sexual assault. (Texas Family Code § 71.0021)Domestic Violence: is sometimes defined as a pattern of abusive behavior that is used by an intimate partner to gain or maintain power and control over the other intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure or wound someone. In Texas, the concept is encompassed in the broad definition of “family violence” and means:
Those students who have become victims of violent or sex related crimes are eligible for and encouraged to take advantage of the services offered by the Human Resource Center, Health Center or Dean’s Office located on campus. Referrals to other community support or counseling services may be made when appropriate. The victim of such crimes has the right to request a change in their academic schedule. The victim may contact the Vice President of Student Support Services to arrange the change in schedule or receive assistance from the Title IX Coordinator or their designee.Mountain View College Counseling Center: 214-860-3640 (Room S-2071)Dallas County Rape Crisis Center: 214-590-0430Parkland VIP Rape Crisis Center: 214-590-2926 or 24-hr. Hotline: 214-590-0430Domestic and Dating Violence Hotline: 800-799-7233Genesis Women’s Shelter (Dating and Domestic Violence): 214-946-4357The Mountain View College Police Department presents awareness and prevention training programs starting with Orientation Week and continuing throughout the year. The risk reduction guidance, including avoiding alcohol and drug use or abuse described earlier, applies to the above described offenses.For contact information for the Title IX Coordinator and Police Department, please see: Procedures for Reporting Crimes and Preserving Evidence.