Baptist University of the Americas is committed to providing a workplace and educational environment, as well as other benefits, programs, and activities that are free from sex discrimination, sexual harassment, and retaliation. Baptist University of the Americas is committed to providing a safe, healthy, and God-honoring environment.

This policy applies to all students, student organizations, BUA employees and contractors, including staff, faculty, administrators; and all other persons who participate in BUA’s educational programs and activities, including third-party visitors on campus (BUA community).

Prohibited Conduct:

1.  Hostile environment Sexual Harassment:  Unwelcome conduct, determined by a reasonable person, to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to BUA’s educational programs and activities.

2.  Retaliation:  retaliation is adverse action taken against an individual with the purpose of interfering with an individual’s rights under this policy.  Retaliation may include intimidation, threats, coercion, discrimination, or adverse employment or educational actions.

3.  False or bad faith allegations:  an individual found to have knowingly made a false complaint or report, or to have knowingly given false information during a process under this Policy, may be subject to disciplinary action, up to and including termination of employment or dismissal from BUA’s academic programs.

4. Coercion:  coercion is intimidation or other conduct that would compel an individual to do something against their will by (1) use of physical force or confinement, (2) expressed or implied threats of physical, emotional, property, or reputational harm, o (3) pressure that would cause a reasonable person to fear such harm.

5.  Unwelcome conduct:  verbal, visual or physical sexual conduct.  Non-verbal harassment, this can include gestures, leering, or staring in a way that makes someone feel uncomfortable, to include unwanted touching, hugging or kissing.

The University will not tolerate sexual misconduct within University property or at any university approved activities and programs wherever they occur. The University has the responsibility to address sexual misconduct in accordance with several federal laws including but not limited to, Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act, the Clery Act and the Campus Save Act as well as Texas state laws set forth in Ch. 51 of the Texas Education Code.  Disciplinary action will be taken with respect to anyone discovered to have committed sexual misconduct. Disciplinary action may include dismissal from the University.

What is Sexual Misconduct? Sexual misconduct encompasses a range of behavior used to obtain sexual gratification against another’s will or at the expense of another. Sexual misconduct includes, but is not limited to:

• Sexual Harassment - Unwelcome sexual advances, requests for sexual favors, or other verbal, physical, or visual conduct of a sexual nature directed at another student or university employee that would cause a reasonable person to fear bodily injury or death;
• Sexual Assault - Any type of sexual activity or contact to which you do not consent. Sexual assault can happen through physical force or threats of force and can include the use of drugs and/or alcohol. Sexual assault includes rape and sexual coercion;
• Dating Violence - When a person in a relationship physically, emotionally and/or sexually abuses another person;
• Domestic Violence - Violent or aggressive behavior within the home, typically involving the physical, emotional or sexual abuse of a spouse or another person;
• Stalking - Unwanted and/or repeated surveillance by an individual or group toward another person;
• Gender-Based Discrimination - Unequal or disadvantageous treatment of an individual or group of individuals based on gender;
• Obscene or suggestive sexual remarks directed at a person, even if meant jokingly;
• Engaging in unwanted sexually oriented conversations for purposes of personal sexual gratification;
• Calls, text messages or any type of social media communication to a student or employee to solicit inappropriate social relationships; and
• Any other behavior that may be construed as sexually inappropriate or has the effect of threatening or intimidating the person against whom such conduct is directed and may affect one’s ability to carry out his/her academic or job-related activities.

Pregnant and parenting students

Title IX of the Education Amendments of 1972 is a Federal civil rights law that prohibits discrimination in educational programs and activities on a basis of sex-including pregnancy, parenting and all related conditions – in educational programs and activities that receive federal funding.  Title IX requires professors and administrators to excuse absences for pregnancy, childbirth and related conditions and to provide accommodations.

What Laws Address Sexual Misconduct of Students? Sexual misconduct or abuse of students by other students or university employees may constitute discrimination on the basis of sex and is prohibited by Title IX of the Education Amendments of 1972.

What Will the University Do When It Learns of Sexual Misconduct of a Student? Any University employee receiving a report that a student has been the victim of sexual misconduct or abuse will immediately notify the Dean of Student Services, who will initiate the investigation after the student submits the Grievance Form to Report Sexual Misconduct or Discrimination (Title IX).

What Do I Do If I Have Been a Victim of Sexual Misconduct at the University? The procedure to file a complaint of sexual misconduct by a student is as follows:

• Immediately file a complaint with Student Services by submitting the Grievance Form to Report Sexual Misconduct or Discrimination (Title IX), available online at Click here. This form will also be available at the Student Services Office. Oral complaints will be documented in writing to assist in the investigation. This will allow the University to properly investigate and resolve the accusations. A student with a complaint alleging sexual misconduct by another student or an employee may request a conference with the Dean of Student Services and the Title IX coordinator. At his or her discretion, the student may file a police report.
• The University will appoint an investigator to conduct a thorough investigation consisting of witness interviews and will seek to collect any and all pertinent evidence. The person accused of the misconduct will have opportunity to provide evidence or a statement.
• The investigator will provide a full written and oral report to the University’s Disciplinary Committee, who will examine the evidence, interview the parties involved, weigh the evidence and decide regarding the student’s grievance.

Sanctions:

Sanctions for students who are found to have violated this Policy include eviction from campus housing, dismissal, expulsion, disciplinary probation(s), warning(s), community service, fines, formal reprimand, warning status, withdrawal, loss of privilege, restitution/reconciliation, referral for counseling and/or assessment, or an agreement governing the student’s behavior.

Sanctions for employees (including faculty) who are found to have  violated this Policy include a letter of warning, official reprimand, probation, referral to a required counseling program, suspension from employment without or without  pay, termination from employment, or training in prohibited conduct.

Definitions:

Complainant – individual(s) who may have experienced prohibited conduct

Respondent – individual(s) allegedly responsible for the prohibited conduct

Witness – individual(s) who observed the alleged behavior and can provided additional information

A complaint may also be filed separately with the Office for Civil Rights.

Texas Office for Civil Rights (OCR-Dallas Office)

U.S. Department of Education
1201 Elm Street, Suite 1000
Dallas, TX 75270
Telephone: (214) 661-9600
Facsimile: (214) 661-9587
Email: OCR.Dallas@ed.gov

Texas Health and Human Services Commission (HHSC)

Austin Office: 701 W. 51st Street, MC W 206, Austin, TX 78751
1-888-388-6332 or 512-438-4313

San Antonio Office: 11307 Roszell, Room 2100, MC 279-4, San Antonio, TX 78217
210-619-8166 or 210-619-8170

The BUA Title IX Coordinator is Ms. Mary Ranjel

 

The Title IX compliance is a shared responsibility of everyone on campus. We encourage all students, faculty, and staff to report incidents of sexual misconduct, including sexual harassment, sexual violence, domestic violence, dating violence, stalking and discrimination.

Will My Complaint Be Confidential? To the greatest extent possible, complaints will be treated confidentially. Limited disclosure may be necessary in order to complete a thorough investigation.

What If I Am Not Satisfied with the University’s Resolution of My Complaint? A student dissatisfied with the University’s resolution to the complaint has seven calendar days to request a conference with the President. Prior to or at the conference, the student must submit a written appeal signed by the student containing a statement of the appeal, any evidence to support the appeal, and the resolution sought.

Alternate Senior Official and Final Decision-Maker

In the event that both the COO and the Title IX Coordinator are accused or implicated as the source of the misconduct, the Grievance Form to Report Sexual Misconduct or Discrimination (Title IX) will be delivered to the President and CEO, or his/her designee, who will appoint another senior official to take those roles in the complaint procedure stated above.

In the event that the President and CEO is accused or implicated as the source of the misconduct, all mentions of the President and CEO in the complaint procedure stated above will be interpreted to mean the President of the Board of Trustees of BUA who will then have final decision power.