Sexual Misconduct


Sexual Misconduct Policy

Sex-based harassment, including sexual misconduct, is prohibited by ATU's Equal Opportunity, Harassment (Sexual Misconduct), and Nondiscrimination Policy and Procedures.
Arkansas Tech University strongly encourages reporting of any form of gender-based discrimination or sex-based harassment, including sexual misconduct, such as sexual assault, domestic violence, dating violence, stalking, sexual harassment, and sexual exploitation. Sexual misconduct complaints may be filed at any time, regardless of the length of how much time has elapsed since the alleged incident(s). Click here to learn more about your reporting options and to access the online reporting form.


Confidential support

Whether you decide to report or not, ATU wants to ensure that you are supported. We urge you to speak about what happened with someone you trust who can support you emotionally and help you develop a plan. This person could be a friend, family member, pastor, mentor, advocate from the Ozark Rape Crisis Center, counselor in the Health and Wellness Center, or someone else who will be able to support you during this time. 

Confidential counseling services are available through the Arkansas Tech University Health and Wellness Center in the Doc Bryan Student Services Center, Suite 119. To schedule an appointment or for more information, please contact the Health and Wellness Center at (479) 968-0329. The following licensed counselors offer confidential counseling for students at Arkansas Tech:

Kristy Davis,
Janis Taylor,
Leann Watson,
Hunter Bramlitt,
Dillon Webster,

Other off-campus confidential resources include:

Ozark Rape Crisis Center
 (24/7): 1-800-818-1189 or

River Valley Shelter (24/7): (479) 968-3110 or


Sexual Misconduct Defined

"Sexual misconduct" means any unwelcomed conduct of a sexual nature, including any conduct or act of a sexual nature perpetrated against an individual without consent. Sexual misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual Misconduct can be committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity or expression of those involved.

Forms of Sexual Misconduct

Sexual Harassment (sexual misconduct) includes:

Conduct on the basis of sex/gender, or that is sexual in nature, that satisfies one or more of the following:

  1. Quid Pro Quo:
    1. an employee of ATU,
    2. conditions the provision of an aid, benefit, or service of ATU,
    3. on an individual's participation in unwelcome sexual conduct.
  2. Sexual Harassment (Hostile Environment)
    1. unwelcome conduct,
    2. determined by a reasonable person,
    3. to be so severe, and
    4. pervasive, and
    5. objectively offensive,
    6. that it effectively denies a Complainant equal access to ATU's education program or activity.
  3. Sexual assault, any sexual act directed against a Complainant, defined as:
    1. Rape:
      • 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 their consent,
      • including instances where they are incapable of giving consent because of age, or because of temporary or permanent mental or physical incapacity.
    2. Sodomy:
      • Oral or anal sexual intercourse with a Complainant,
      • forcibly, and/or
      • against their will (non-consensually), or
      • not forcibly or against their will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
    3. Sexual Assault with an Object:
      • The use of an object or instrument to penetrate,
      • however slightly,
      • the genital or anal opening of the body of the Complainant,
      • forcibly, and/or
      • against their will (non-consensually), or
      • not forcibly or against their will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
    4. Fondling:
      • The touching of the private body parts of the Complainant (buttocks, groin, breasts),
      • for the purpose of sexual gratification,
      • forcibly, and/or
      • against that person's will (non-consensually), or
      • not forcibly or against their will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
    5. Sex Offenses, Non-Forcible:
      1. Incest:
        • Non-forcible sexual intercourse,
        • between persons who are related to each other,
        • within degrees wherein marriage is prohibited by Arkansas law.
      2. Statutory Rape:
        • Non-forcible sexual intercourse,
        • with a person who is under the statutory age of consent of 14.
  4. Dating Violence, defined as:
    1. violence,
    2. on the basis of sex,
    3. committed by a person,
    4. who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.
      1. The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition—
        1. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuses
        2. Dating violence does not include acts covered under the definition of domestic violence.
  5. Domestic Violence, defined as:
    1. felony or misdemeanor crimes,
    2. on the basis of sex,
    3. committed by a current or former spouse or intimate partner of the Complainant under family or domestic violence laws of Arkansas, and
    4. includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a Complainant, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a person who
    5. is a current or former spouse or intimate partner of the Complainant, or person similarly situated to a
      spouse of the Complainant;
    6. is cohabitating, or has cohabitated, with the Complainant as a spouse or intimate partner;
    7. shares a child in common with the Complainant;
    8. commits acts against a youth or adult Complainant who is protected from those acts under the family or domestic violence laws of the jurisdiction. 
    9. Per VAWA Reauthorization 2022, 34 U.S.C. 12291:
      • Economic abuse, in the context of domestic violence, dating violence, and abuse in later life, means behavior that is
        coercive, deceptive, or unreasonably controls or restrains a person’s ability to acquire, use, or maintain economic
        resources to which they are entitled, including using coercion, fraud, or manipulation to—
        • Restrict a person’s access to money, assets, credit, or financial information;
        • Unfairly use a person’s personal economic resources, including money, assets, and credit, for one’s own advantage;
        • Exert undue influence over a person’s financial and economic behavior or decisions, including forcing default on
          joint or other financial obligations, exploiting powers of attorney, guardianship, or conservatorship, or failing or
          neglecting to act in the best interests of a person to whom one has a fiduciary duty.
      • Technological abuse means an act or pattern of behavior that occurs within domestic violence, sexual assault, dating violence or stalking and is intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor, except as otherwise permitted by law, another person, that occurs using any form of technology, including but not limited to: internet-enabled devices, online spaces and platforms, computers, mobile devices, cameras and imaging programs, apps, location tracking devices, or communication technologies, or any other emerging technologies.
      • Abuse later in life means neglect, abandonment, economic abuse, or willful harm of an adult aged 50 or older by an
        individual in an ongoing relationship of trust with the victim or domestic violence, dating violence, sexual assault, or
        stalking of an adult aged 50 or older by any individual. This definition does not include self-neglect.
      • To categorize an incident as Domestic Violence under this Policy, the relationship between the Respondent
        and the Complainant must be more than just two people living together as roommates. The people
        cohabitating must be current or former spouses or have an intimate relationship.
  6. Stalking, defined as:
    1. engaging in a course of conduct,
    2. on the basis of sex,
    3. directed at the Complainant, that
      1. would cause a reasonable person to fear for the person's safety, or
      2. the safety of others, or
      3. suffer substantial emotional distress.
  7. Sexual Exploitation*, defined as:
    1. an individual taking non-consensual or abusive sexual advantage of another,
    2. for their own benefit or for the benefit of anyone other than the person being exploited, and
    3. that conduct does not otherwise constitute sexual harassment under this Policy.
      • *While Sexual Exploitation does not fall under "Title IX," it is prohibited by ATU policy.
      • Examples of Sexual Exploitation include, but are not limited to:
        • Sexual voyeurism (such as observing or allowing others to observe a person undressing or using the bathroom or engaging in sexual acts, without the consent of the person being observed)
        • Indecent exposure
        • Invasion of sexual privacy (e.g. doxing)
        • Taking pictures, video, or audio recording of another in a sexual act, or in any other sexually-related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity; or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity; or disseminating sexual pictures without the photographed person’s consent), including the making or posting of non-consensual pornography
        • Prostituting another person
        • Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually-transmitted disease (STD) or infection (STI), without informing the other person of the virus, disease, or infection
        • Causing or attempting to cause the incapacitation of another person (through alcohol, drugs, or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity, or for the purpose of making that person vulnerable to non-consensual sexual activity
        • Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections (e.g., spoofing)
        • Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity
        • Knowingly soliciting a minor for sexual activity
        • Engaging in sex trafficking
        • Creation, possession, or dissemination of child pornography
        • Threatening or causing physical harm, extreme verbal, emotional, or psychological abuse, or other conduct which threatens or endangers the health or safety of any person; and,
        • Discrimination, defined as actions that deprive, limit, or deny other members of the community of educational or employment access, benefits, or opportunities.
Key terms defined

The following are key terms defined in Appendix A (glossary) of ATU's Equal Opportunity, Harassment, and Sexual Misconduct Policy and Procedures.