Prohibited Behavior

Lamar State College Port Arthur is committed to creating and maintaining an educational community in which each individual is respected, appreciated, and valued. Our focus on tolerance, openness, and respect is key in providing every member of the LSCPA community with basic human dignity free from all forms of Sexual Misconduct. 

Sexual Misconduct is a 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. This term also includes Title IX Sexual Harassment.

The following definitions of prohibted behavior are from our Sexual Misconduct Policy.

Sexual Harassment

Because Title IX was recently revised, we are operating under two definitions of Sexual Harassment. The first definition is specific to Title IX, while the other is the definition used in other state and federal laws.

Title IX Sexual HarassmentTitle IX Sexual Harassment refers to Sexual Misconduct that meets one or more of these three types of behavior:
  1. A Component's Employee conditioning provision of an aid, benefit or service of the Component on an individual's participation in unwelcome sexual conduct ("quid pro quo" harassment which may be express or implied and need not be "severe" or "pervasive" as a single incident is inherently "offensive" and jeopardizes equal educational access;
  2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive and objectively offensive that it effectively denies a person equal access to the Component's Education Program or Activity, or
  3. "Sexual Assault," "Dating Violence," "Domestic Violence" or "Stalking" as defined in referenced statutes. 
Sexual Harassment under other applicable state and federal lawSexual Harassment under other applicable state and federal law means unwelcomed sex-based verbal or physical conduct that:
  1. in the employment context, unreasonably interferes with a person’s work performance or creates an intimidating, hostile, or offensive work environment; or
  2. in the education context, is sufficiently severe, persistent, or pervasive that the conduct interferes with the student’s ability to participate in or benefit from Education Programs or Activities at a post-secondary educational institution.

Other Terms

Cyberstalking involves using electronic means, including the Internet, for purposes of a sexual nature, to stalk or harass a person or group of people. In Texas, "cyberbullying" is defined as a person using any electronic communication device to engage in bullying or intimidation. So, this form of bullying falls under the broader bullying law. Relevant communications include, for example, statements made through social media and text messages. (Texas Educational Code § 37.218.)

Dating Violence is violence committed by a person:
  1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  2. where the existence of such a relationship shall be determined based on a consideration of the following factors:
    1. the length of the relationship;
    2. the type of relationship;
    3. the frequency of interaction between the persons involved in the relationship. (20 U.S.C. §1092) and 34 CFR 668.46 (j)(1)(i)(B)

Domestic Violence includes 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 or roommate, 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.

Fondling means 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 their age or because of their temporary or permanent mental incapacity.

Rape means 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. See also definition of Sexual Assault herein.

Sex discrimination, also referred to as sexual discrimination, involves treating a person unfavorably because of that person’s sex.

Sex Offenses include any sexual act directed against another person, without the Consent of the victim, including instances where the victim is incapable of giving Consent.

Sexual Assault is defined as forcible or nonforcible sex offenses under the FBI's Uniform Crime Reporting (U.C.R) program [20 U.S.C. 1092 (f)(6)(A)(v)], which includes these two offense categories:
  1. Sex Offenses, Forcible: Any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent
    1. Forcible Rape: (Except Statutory Rape) The carnal knowledge of a person, forcibly and/or against that person's will or not forcibly or against the person's will in instances where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity.
    2. Forcible Sodomy: Oral or anal sexual intercourse with another person, forcibly and/or against that person's will or not forcibly or against the person's will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
    3. Sexual Assault with an Object: To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will or not forcibly or against the person's will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
    4. Forcible Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will or not forcibly or against the person's will in instances where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
  2. Sex Offenses, Nonforcible: (Except Prostitution Offenses) Unlawful, nonforcible sexual intercourse.
    1. Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    2. Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent.

Examples of sexual assault include, but are not limited to, the following nonconsensual sexual activity:

  1. sexual intercourse (vaginal or anal);
  2. oral sex;
  3. Rape or attempted Rape;
  4. penetration of an orifice (anal, vaginal, oral) with the penis, finger or other object;
  5. unwanted touching of a sexual nature;
  6. use of coercion, manipulation or force to make someone else engage in sexual touching, including touching of breasts, chest, buttocks and genitalia;
  7. engaging in sexual activity with a person who is unable to provide Consent; or
  8. knowingly transmitting a sexually-transmitted disease to another.

See also definition of Sexual Assault pursuant to Texas Penal Code §22.011.

Sexual Exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for his or her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited.

Examples of sexual exploitation can include, but are not limited to, the following behaviors:

  1. prostituting another;
  2. non-consensual electronically recording, photographing, or transmitting intimate or sexual utterances, sounds or images without the knowledge and consent of all Parties involved;
  3. voyeurism (spying on others who are in intimate or sexual situations);
  4. going beyond the boundaries of consent (such as letting friends hide in a closet to watch another friend having consensual sex); or
  5. distributing intimate or sexual information about another person without that person’s Consent.

Sexual Intimidation includes but is not limited to:
  1. threatening another with a non-consensual sex act;
  2. Stalking or Cyber-stalking of a sexual nature as defined in Texas Penal Code 42.072; or
  3. engaging in indecent exposure as defined in Texas Penal Code 21.08.

Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving Consent. All such acts are forms of Sexual Misconduct.

Stalking is defined as 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. [34 U.S.C. 12291 (a)(30) and Texas Penal Code Section 42.072.]

Statutory Rape means sexual intercourse with a person who is under the statutory age of Consent.