Q: What is Title IX?
The law states: 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 20 U.S.C. section 1681
Q: Do I have to make an appointment or can I walk in?
Appointments are not required. You can come in during office hours to speak with our staff.
Q: Must I report it to the police?
No, but we strongly encourage you to do so. If you feel like you are facing an immediate threat or harm, you absolutely should report to the police.
Q: Will my information be kept confidential?
The University will provide confidentiality to the extent as provided by law and University policy.
Q: What is Affirmative Consent?
Consent is an informed and freely and affirmatively communicated willingness to participate in a particular sexual activity.
Consent can be expressed either by words or by clear and unambiguous actions, as long as those words or actions create mutually understandable permission regarding the conditions of each instance of sexual activity. It is the responsibility of the person who wants to engage in the sexual activity to ensure that they have the consent of the other to engage in each instance of sexual activity.
Consent is active, not passive, and cannot be inferred from the absence of a "no." Therefore, silence or lack of protest or resistance, without actions demonstrating permission, cannot be assumed to show consent.
The existence of a dating relationship, marital relationship or a previous sexual relationship between the persons involved does not provide the basis for an assumption of consent to future sexual activity.
Consent must be present throughout the sexual activity, and consent to some form of sexual activity cannot be automatically taken as consent to any other sexual activity. Importantly, at any time, a participant can communicate that they no longer consent to continuing the sexual activity.
If there is confusion as to whether an individual has consented or continues to consent to sexual activity, it is essential that the participants stop the sexual activity until the confusion is clearly resolved.
In determining whether a person gave consent, various factors are relevant. However, there is no consent when physical force, violence or coercion is used or threatened, where a person is unconscious or otherwise unable to resist, where the person is unaware that sexual activity is occurring, or where the person does not have the legal capacity to consent.
Furthermore, a person may be unable to consent when the person is mentally or physically incapacitated due to the influence of drugs, alcohol, or medication and as a result is rendered temporarily incapable of understanding, appraising or controlling their conduct. A person's incapacity to understand, appraise or control their conduct may be analyzed based upon surrounding factors including, but not limited to, hallucinations, seizures, vomiting, slurred speech, disorientation, lack of coordination and other relevant factors.
Q: How do I get a restraining order?
A victim of domestic abuse, dating violence or sexual assault may petition the district court for an order of protection (restraining order). The necessary paperwork can be picked up and returned to the Roosevelt County District Court. The court clerk's office is located on the second floor of the facility.
- Roosevelt County District Court
109 West 1st Street
Portales, NM 88130
575.359.6920
Q: If I choose not to report to the police, does this mean the University will not do anything?
No, the University will conduct an independent investigation on all reported Title IX allegations. The University takes all allegations of misconduct seriously. Violators may face administrative sanctions independent of or absent of criminal prosecution. The University may also utilize mutual no-contact orders and criminal trespass warnings to protect victims or potential victims of crime or misconduct.
Common Definitions
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Domestic Violence – a felony or misdemeanor crime of violence committed by:
- A current or former spouse or intimate partner of the victim
- A person with whom the victim shares a child in common
- A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner
- A personal similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies [under VAWA]
- 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 jurisdiction
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Dating Violence – Violence committed by a person:
- Who is or has been in a social relationship of a romantic or intimate nature with the victim
- Where the existence of such a relationship shall be determined based on a consideration of the following factors:
- The length of the relationship
- The type of relationship
- The frequency of interaction between the persons involved in the relationship
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Stalking – Engaging in a course of conduct directed at a specific persona that would cause a reasonable person to:
- Fear for his or her safety or the safety of others
- Suffer substantial emotional distress
- Additional Terms (Right to Know)
