Title IX Policy, Procedure and Resources

Dallas Baptist University is committed to providing a safe environment for its students, faculty, staff, and visitors. As a part of this commitment, DBU takes very serious established University procedures regarding sexual assault and prevention.

Our Title IX Coordinator, Ashlee Kamosky, is responsible for implementing these policies across the campus, and along with DBU’s ACTS (Advocates for Campus Trust and Safety) Committee, investigates any complaints of sexual assault or discrimination.

Below you will find information related to these policies, as well as contact information and procedures for what to do in the event of an instance of sexual assault or discrimination.

Formal reports of sexual misconduct may be made to the Title IX Coordinator or Deputy Title IX Coordinator via DBU’s Title IX Website, by email, phone, or in person at the contact information below:

Ashlee Kamosky
Title IX Coordinator
Office: Dean Learning
Center 104D
(214) 333-7286 (office)
Molly Taylor
Deputy Title IX Coordinator
Office: Global Missions 213
(214) 333-5960 (office)
Dr. Cicely Jefferson
Deputy Title IX Coordinator
Office: Collins Learning Center 311A
(214) 333-5219 (office)
Dr. Mark Hale
Deputy Title IX Coordinator
Office: Collins Learning Center 321A
(214) 333-5503 (office)
Colby Williamson
Deputy Title IX Coordinator
Office: Dean Learning Center 104
(214) 333-5706 (office)

1. Overview

The vision of Dallas Baptist University is to build a great Christian university that is pleasing to God by producing Christ-centered servant leaders who are transforming the world. Towards that end, DBU seeks to provide a safe living and learning environment where faculty, staff, and students can grow and be free from sexual misconduct. DBU has a high moral commitment to the worth and dignity of all individuals. Members of the University community, guests, and visitors have the right to be free from all forms of sexual misconduct. All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. This Sexual Misconduct Policy is meant to promote a safe living and learning environment for all members of the campus community in accordance with DBU’s Scriptural beliefs about human sexuality and in compliance with state and federal laws including, but not limited to, Title IX of the Education Amendments of 1972, the Violence Against Women Reauthorization Act of 2013, Title VII of the Civil Rights Act of 1964, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, the Campus Sexual Violence Elimination (SaVE) Act, and Texas Education Code Subchapter E-2 and E-3.

Because DBU wants to promote a safe living and learning environment, the University prohibits sexual assault, sexual violence, sexual harassment, sexual discrimination, domestic or dating violence, stalking, sexual exploitation, and other sexual misconduct outlined in the Definitions section of this policy.

As per Title IX regulations, no person shall intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under Title IX and its implementing regulations. This policy prohibits any attempt to seek retribution against an individual or group of individuals involved in filing a complaint or report under this policy, filing an external complaint, participating in a disciplinary process, or opposing in a reasonable manner an action believed to constitute a violation of this policy.

Students, faculty, staff, and third parties are protected by and subject to this policy. A third party may report or file a complaint concerning a violation of this policy committed by a member of the DBU community. A third party may also be permanently barred from DBU or subject to other restrictions for failing to comply with this policy.

Maintaining a safe living and learning environment is paramount for the entire campus community. Therefore, all faculty, adjunct faculty, full-time staff members, non-student worker part-time staff members, and student workers employed in Campus Security, Police, Housing, or as Resident Assistants or Community Assistants (“mandatory reporters”) are required to promptly report suspected sexual misconduct to the Title IX Coordinator. An exception to this mandatory reporting requirement would be for persons designated as Confidential Resources (as defined in Section 5 of this policy). DBU strongly urges all other members of the DBU community, including students and visitors, to promptly report any allegation of sexual misconduct to the Title IX Coordinator.

This policy is meant to codify the University’s response to sexual misconduct in a variety of cases, as described more fully below.

2. Scope

This policy governs three major types of sexual misconduct: 1) Cases involving an allegation that falls under Title IX of the Education Amendments of 1972 (“Title IX Cases”); 2) Cases involving an allegation that does not fall under Title IX, but falls within the scope of laws specific to the State of Texas (“Texas Law Cases”); and 3) Cases involving an allegation that falls under the University’s own Code of Conduct or which violate DBU’s Scriptural beliefs about human sexuality (“Institutional Offenses”). These types of cases will be handled in different ways based on the federal, state, and local laws that are applicable to each type of case.

  1. Title IX Cases: Title IX of the Education Amendments of 1972 is a federal law which states that: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Title IX and other corresponding federal regulations create a framework of requirements for how higher education institutions in the United States are to handle the types of cases that fit into the definition above. Thus, cases that fit within the definition above, and which also meet the geographic and standing provisions described below will be handled using DBU’s Title IX compliant procedures outlined in Section 6 of this policy.

    Title IX applies when DBU has: (1) actual knowledge of (2) sexual harassment in an (3) education program or activity that (4) occurs in the United States.
    1. Title IX only applies where the University has actual knowledge of a complaint (defined in Section 5) that is made to the Title IX coordinator or any official of DBU who has the authority to institute corrective measures on behalf of the recipient.
    2. Sexual Harassment under Title IX means:
      1. (i) an employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct [Quid pro quo harassment];
      2. (ii) unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity [Hostile Environment Harassment]; or
      3. (iii) sexual assault as defined in 34 CFR 668.46(a) [Sexual Assault, Dating Violence, Domestic Violence, and Stalking].” [Note: The material in brackets is provided to clarify these provisions. More information may be found in Appendix A: Definitions]
    3. Title IX only applies to formal complaints arising from a University “educational program or activity,” which include locations, events, or circumstances over which DBU exercises substantial control over both: (i) the respondent and (ii) the context in which the sexual harassment occurs. Title IX obligations will extend to off-campus incidents if any of the three conditions are met: (i) the off-campus incident occurs as part of the recipient’s operations pursuant to 20 U.S.C. 1687 and 34 CFR 106.2(h); (ii) the recipient exercised substantial control over the respondent and the context of alleged sexual harassment that occurred off campus pursuant to §106.44(a); or (iii) the incident of sexual harassment occurs at an off-campus building owned or controlled by a student organization officially recognized by a postsecondary institution pursuant to §106.44(a).”
    4. Title IX cases must occur in the United States.

    If one or both of the parties do not meet this definition, the case will not be handled using this Title IX compliant procedure, though the Title IX Coordinator may provide supportive measures to the complainant or similar actions that are required under Title IX. However, the case may be handled using either the Texas Law Case procedure or Institutional Offenses procedure, as outlined below.

  2. Texas Law Cases: Texas Education Code Subchapters E-2 and E-3 also prohibits sexual harassment, sexual assault, domestic or dating violence, and stalking, and places requirements for how higher education institutions in Texas are to handle these types of cases. The definitions found in Appendix A provide more information on the Texas law definitions for these types of cases. In many situations, the definitions in these state laws may overlap with the federal Title IX laws and regulations, and thus those cases would be handled using DBU’s Title IX compliant procedures. However, in certain cases, Texas law provides additional requirements outside the scope of Title IX. For instance, this may happen where the geography of the case or the persons involved in the case fall outside the strict definitions under Title IX, but nonetheless still fall within the guidelines of Texas law. Thus, these types of sexual misconduct cases will be handled using DBU’s Texas Law compliant procedures found in Section 8 of this policy.

    Where the alleged sexual misconduct occurred outside the geographic scope defined under Title IX, the alleged sexual misconduct may still fall under the geographic scope for Texas Law cases. Texas Education Code Subchapter E-2 and E-3 reference the geographic framework identified in the Clery Act, meaning that a case may fall within the geography for a Texas Law case where: (a) it does not fall within the geographic scope for Title IX cases; (b) the alleged incident happened on DBU’s campus; (c) the alleged incident occurred on public property within or immediately adjacent to the DBU campus, or (3) the alleged incident occurred in or on non-campus buildings or property that DBU owns or controls (including sites outside the United States if the University exercises substantial control over that site, such as study abroad sites where the University contracts for dormitory-style housing or travel-study trips where the University has used the same hotel so often in the past that it is deemed to have substantial control over the rooms allocated to DBU trip participant members).

    Where there was an alleged incident of sexual harassment, sexual assault, dating violence, or stalking (as defined by Texas Education Code Subchapter E-2 and E-3) that is alleged to have been committed by or against a person who was a student enrolled at or an employee of the University at the time of the incident (regardless of whether the person later left or transferred from the University), these cases would be handled under the Texas Law compliant procedures outlined in this policy, so long as the case also meets the definitional and geographic standards for such cases.

  3. Institutional Offenses: Because of the University’s Christian mission, it is vitally important to DBU to promote righteous living in all areas of life, including in the area of human sexuality. While certain types of sexual misconduct may not violate the narrow confines of federal or state law, these acts may nonetheless violate DBU’s Scriptural beliefs about human sexuality (as defined in DBU’s Statement on Sexuality).

    DBU is guided by the understanding that human sexuality is a gift from God and that the purpose of this gift includes the procreation of human life and the uniting and strengthening of the marital bond in self-giving love between one man and one woman. DBU bases its understanding on human sexuality on biblical principles outlined throughout the Old and New Testament along with the history of Christian church thought, teaching, and practice.  Faculty, staff, and students at Dallas Baptist University are expected to conduct themselves at all times in accordance with the highest standards of Christian morality.  Toward this end, the University prohibits the following sexual misconduct by any faculty, staff, or student, and will utilize the complaint t procedures in the Employee Handbook or Student Handbook for handling complaints falling within (a)-(e) below, and will have discretion to utilize either the procedure for Texas Law Cases or the procedure for Title IX Cases for any cases falling within (f) or (g) in the list below: 
    1. Sexual activity with another person outside of a monogamous heterosexual marriage between one biological male and one biological female;
    2. Touching, caressing, and other physical conduct of a sexual nature that is inappropriate or contrary to DBU’s Scriptural beliefs about human sexuality;
    3. Participation in advocacy groups and/or activities that are contrary to DBU’s Scriptural beliefs about human sexuality;
    4. The possession or viewing of pornographic material;
    5. Other expressions or actions that are discordant with DBU’s scriptural beliefs about human sexuality and gender, as outlined in DBU’s Statement on Sexuality;
    6. Sexually Inappropriate Conduct or Sexual Exploitation, as defined in the Definitions Section of this Policy; or
    7. Other sexual misconduct cases involving sexual assault, sexual violence, sexual harassment, sexual discrimination, domestic or dating violence, stalking, sexual exploitation, sexually inappropriate conduct, and other sexual misconduct outlined in the Definitions section of this policy which do not meet the geographic or other requirements to be handled as Title IX cases or Texas Law cases, but in which the nexus to DBU’s campus or one of its educational activities or some other compelling reason weighs in favor of DBU protecting its faculty, staff, students, and visitors by exercising jurisdiction over the case.

      Note: The decision on whether to exercise discretion in (f) or (g) above, and which type of procedure to utilize—the procedure for Texas Law Cases or the procedure for Title IX cases—will be made by the Title IX Coordinator, Senior Legal Counsel to the President, and Vice President for Student Affairs (if the respondent is a student), or Human Resources Director (if the respondent is a faculty or staff member).

3. Definitions

For purposes of Sexual Misconduct Policy (whether Title IX Cases, Texas Law Cases, or Institutional Offenses), the following sexual misconduct is considered to be prohibited conduct: 1) Sexual Assault; 2) Sexual Violence; 3) Sexual Harassment; 4) Sexual Discrimination; 5) Domestic or Dating Violence; 6) Stalking; 7) Sexual Exploitation; 8) Sexually Inappropriate Conduct; 9) Retaliation; 10) Inducing Incapacitation for Sexual Purposes; and 11) Other Non-Consensual Sexual Contact.

These terms and other related terms applicable to this policy are more fully defined in Appendix A. If a person would like to press criminal charges for an alleged violation of any of the below criminal laws, or would like to seek an order of protection, the definitions contained in the Texas Penal Code and Family Code (found in Appendix B) would apply, not the internal definitions used in this policy.