The University of Texas at El Paso (“University”) is committed to maintaining a learning and working environment that is free from discrimination based on sex in accordance with Title IX of the Higher Education Amendments of 1972 (Title IX), which prohibits discrimination on the basis of sex in educational programs or activities that are federally funded. Sexual misconduct is a form of sex discrimination and will not be tolerated; sexual misconduct includes sexual harassment, sexual violence, sexual assault, stalking, domestic violence and/or dating violence.

The essence of Title IX is that an institution may not exclude, separate, deny benefits to, or otherwise treat differently any person on the basis of sex. It protects students, employees, applicants for admission and employment, and other persons from all forms of sex discrimination. This commitment to non-discrimination applies to both employment in and admission to such programs and activities. Title IX also applies to issues of program equity such as in athletics and sexual harassment and sexual violence.

UTEP’s Title IX Coordinator and Deputy Coordinators:

Sandy Vasquez

Title IX Coordinator

Investigates concerns related to Faculty and Staff

Assistant Vice President

Equal Opportunity and Compliance Services

Ethics Officer, ADA Coordinator

Office of Equal Opportunity

Kelly Hall 302


Dr. Ryan C. Holmes

Deputy Title IX Coordinator

Investigates concerns related to Students

Assistant Vice President for Student Support

Office of Student Conduct & Conflict Resolution

Union East 303


Dr. Catie McCorry-Andalis

Deputy Title IX Coordinator

Education, Training, & Outreach

Associate Vice President

Dean of Students

Office of Student Life

Union West 102


The full text of the related University's policies can be found in the

Handbook of Operating Procedures:

Section VI, Chapter01:

EqualOpportunity/Affirmative Action/Non-Discrimination Policy

Section VI, Chapter 03:

Sexual Harassment and Sexual Misconduct Policy

Section II, Chapter 01:

Student Conduct and Discipline

Filing a Complaint:

Faculty, Staff and Students may report incidents of sex discrimination, sexual harassment (including sexual violence) or sexual misconduct to any university Responsible Employee, who is then required to promptly notify any of the above Title IX coordinators of the reported incident. All investigations will use the preponderance of the evidence (more likely than not) standard to determine violations of the Policy.

Complaints or allegations of student-on-student sex discrimination, sexual harassment (including sexual violence) or sexual misconduct will be handled by the Office of Student Conduct and Conflict Resolution.

Office of Student Conduct and Conflict Resolution
Union East; 303

Complaints of sex discrimination, sexual harassment (including sexual violence) or sexual misconduct by faculty and or staff will be handled by the Office of Equal Opportunity.

Equal Opportunity Office
Kelly Hall; 302

Additional resources to report complaints:

UTEP Police Department, 3118 Sun Bowl Drive, 9-1-1 Emergency, 
Tel: 915.747.5611

Office of Civil Rights, U.S. Department of Education, 1999 Bryan Street,
 Suite 1620, Dallas, Texas 75201, Tel: 214.661.9600

On and Off Campus Resources

Immediate Assistance:

Health Care:

UTEP Student Health Center

Union East Ste. 100


Sierra Medical Center Emergency

1625 Sierra Medical Drive



Utep Police Department

3118 Sun Bowl Drive


911 Emergency

El Paso Police Department

Victim Services Response Team



Center Against Sexual and Family Violence

710 North Campbell Street

24/7 Crisis Hope Line



La Pinon Sexual Assault Recovery Services of Southern New Mexico


Casa Amiga

Ciudad Juarez, Chihuahua Mexico

011656. or 011656.

Ft. Bliss-Family Advocacy Program


Domestic Violence Hotline (24/7)


Sexual Assault Hotline


National Domestic Violence Hotline

24 hours a day, 7 days a week

1.800.799.7233 (TTY)

National Sexual Assault Hotline

1.800.656.4673 (National)

Confidential Resources:

UTEP University Counseling Center


Union West 202


UTEP Student Health Center

Union East 100


UTEP Employee Assistance Program

(faculty and staff)

Deer Oaks

24 hours a day, 7 days a week


Important Definitions:

Consenta voluntary, mutually understandable agreement that clearly indicates a willingness to engage in each instance of sexual activity. Past consent does not imply future consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent can be withdrawn at any time. Any expression of an unwillingness to engage in any instance of sexual activity establishes a presumptive lack of consent.

Consent is not effective if it results from: (a) the use of physical force, (b)a threat of physical force, (c) intimidation, (d) coercion, (e) incapacitation or (f) any other factor that would eliminate an individual’s ability to exercise his or her own free will to choose whether or not to have sexual activity.

A current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. Even in the context of a relationship, there must be a voluntary, mutually understandable agreement that clearly indicates a willingness to engage in each instance of sexual activity.

Domestic(Family) Violenceincludes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Texas, 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 State of Texas.

Incapacitation A state of being that prevents an individual from having the capacity to give consent. For example,incapacitation could result from the use of drugs or alcohol, a person being asleep or unconscious, or because of an intellectual or other disability.

Intimidation Unlawfully placing another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.

Other Inappropriate Sexual ConductIncludes unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature directed towards another individual thatdoes not rise to the level of sexual harassment but is unprofessional,inappropriate for the workplace or classroom and is not protected speech. It also includes consensual sexual conduct that is unprofessional and inappropriate for the workplace or classroom.

Preponderance of the Evidence The greater weight of the credible evidence. Preponderance of the evidence is the standard for determining allegations of sexual misconduct under this Policy. This standard is satisfied if the action is deemed more likely to have occurred than not.

Responsible EmployeeA University employee who has the duty to report incidents of sexual misconduct to the Title IX Coordinator or other appropriate designee, or an employee whom an individual could reasonably believe has this duty. Responsible employees include all administrators, faculty, supervisory staff, resident life directors and advisors, and graduate teaching assistants, except any employee with confidentiality obligations as defined in Section 3.3.5. Incidents of sexual misconduct (including sexual harassment and sexual violence) and other inappropriate sexual conduct may also be reported to Responsible Employees.

RetaliationAny adverse action threatened or taken against someone because the individual has filed, supported, provided information in connection with a complaint of sexual misconduct or engaged in other legally protected activities.Retaliation includes, but is not limited to, intimidation, threats or harassment against any complainant, witness or third party.

AssaultAn 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 by a sex organ of another person, without the consent of the victim.

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

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

d.Statutory Rape:Sexual intercourse with a person who is under the statutory age of consent.

Sexual ExploitationOccurs when an individual takes non-consensual or abusive sexual advantage of another for his or her own benefit, or to benefit anyone other than the one being exploited. Examples of sexual exploitation include, but are not limited to, engaging in voyeurism; forwarding of pornographic or other sexually inappropriate material by email, text, or other channels to non-consenting students/groups; and any activity that goes beyond the boundaries of consent,such as recording of sexual activity, letting others watch consensual sex, or knowingly transmitting a sexually transmitted disease (STD) to another.

Sexual HarassmentUnwelcome conduct of a sexual nature including but not limited to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, when submission to such conduct is made either explicitly or implicitly a term or condition of a person's student status, employment, or participation in University activities; such conduct is sufficiently severe or pervasive that it interferes with an individual’s education, employment, or participation in University activities, or creates an objectively hostile environment; or such conduct is intentionally directed towards a specific individual and has the effect of unreasonably interfering with that individual’s education, employment, or participation in University activities, or creating an intimidating, hostile, or offensive environment. Sexual harassment is a form of sex discrimination that includes:

a.Sexual violence, sexual assault, stalking, domestic violence and dating violence as defined herein.

b.Physical conduct, depending on the totality of the circumstances present, including frequency and severity, including but not limited to:

i.unwelcome intentional touching; or

ii.deliberate physical interference with or restriction of movement.

c.Verbal conduct not necessary to an argument for or against the substance of any political,religious, philosophical, ideological, or academic idea, including oral,written, or symbolic expression, including but not limited to:

i.explicit or implicit propositions to engage in sexual activity;

ii.gratuitous comments, jokes, questions, anecdotes or remarks of a sexual nature about clothing or bodies;

iii.gratuitous remarks about sexual activities or speculation about sexual experiences;

iv.persistent,unwanted sexual or romantic attention;

v.subtle or overt pressure for sexual favors;

vi.exposure to sexually suggestive visual displays such as photographs, graffiti, posters,calendars or other materials; or

vii.deliberate,repeated humiliation or intimidation based upon sex.

Sexual MisconductA broad term encompassing a range of non-consensual sexual activity or unwelcome behavior of a sexual nature. The term includes, but is not limited to,sexual assault, sexual exploitation, sexual intimidation, sexual harassment,domestic violence, dating violence, and stalking. Sexual misconduct can be committed by men or women, strangers or acquaintances, and can occur between or among people of the same or opposite sex.

Sexual ViolencePhysical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. The term includes, but is not limited to, rape, sexual assault, sexual battery, sexual coercion, sexual abuse, indecency with a child, and/or aggravated sexual assault.

StalkingEngaging 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 suffer substantial emotional distress. For the purposes of this definition:

a.Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly,indirectly, or through third parties, by any action, method, device, or means,follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

b.Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

c. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.