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Sexual Assault: Defined

Sexual assault is defined in several ways. Generally, sexual assault is any unwanted, non-consensual sexual contact against any individual by another. Often people mistakenly believe that sexual assault only occurs to certain groups of people defined by gender, age, or ethnic background. Sexual assault can happen to people of both genders and all ages, races, cultures, education levels, sexual orientations and economic status. It often includes acts involving manipulation, physical force or coercion. Sexual assault is never the victim's fault.

School Policy & Procedure

Violence or threat of violence against self or any member or guest of the University community. This includes but is not limited to physical assault, rape, or any other sexual assault. Rape is sexual intercourse which takes place against a person's will, or in circumstances where a person is physically, mentally, or legally unable to give consent.

Sexual assault is a crime and may be prosecuted under Texas criminal law. To prevent sexual assault the University offers training for the University Police Department, some department heads and the residence hall advisors. If a sex-related offense occurs on campus, the victim has the option and will be encouraged to notify the Corpus Christi Police Department and on-campus police. Assistance in notifying the police will be provided by campus authorities if desired by the student. It is important for the victim to receive immediate medical attention and for evidence to be preserved as may be necessary to the proof of criminal sexual assault.

Students who have a sexual assault complaint should notify the Dean of Students and/or the Affirmative Action Officer. Possible sanctions to be imposed following the final determination of an on-campus disciplinary procedure regarding rape, acquaintance rape, or other sex offenses, forcible or nonforcible, include the appropriate action such as loss of privileges, letter of reprimand, block of enrollment, probation, suspension, dismissal or expulsion.

Disciplinary Sanctions - Disciplinary action for violating the Student Code of Conduct and/or not complying with recommended sanctions may consist of the following:

Disciplinary Warning - An official written notice to indicate a student's conduct in an incident is in violation of the University's rules and regulations. Should the student commit an additional violation(s), more serious sanctions will be forthcoming.

Disciplinary Probation - A more severe sanction than a warning, to include a period of observation and review during which the student must demonstrate a willingness and ability to comply with University rules, regulations, and other requirements stipulated for the probation period.

Deferred/Eviction/Banned from Miramar University Apartments - A definite period of observation and review. Eviction from the apartment complex precludes a student from living at Miramar University Apartments. In addition to the period of eviction from the apartment complex, the student is banned from entering any and all Miramar property.

Deferred Suspension from the University - A definite period of observation and review. If a student is again found in violation of a University rule or regulation or an order of an administrative hearing officer, suspension will take effect immediately.

Suspension from the University - A suspended student will be administratively withdrawn from all courses and will be separated from the University for at least the remainder of the session in progress.

Banned from Campus - In addition to being suspended from the University, the student is banned from entering the grounds and/or facilities owned and maintained by the University.

Restitution - The administrative hearing officer may assess a sanction including financial restitution for the damage and/or theft of University or student property.

Expulsion from the University - Expulsion results in the permanent separation from the University.

Hold or Block of Enrollment Letter - A hold may be placed on a student's record which would prevent him/her from registering or obtaining a transcript without prior approval from the Office of Student Affairs.

Procedures for Judicial Hearings

Disciplinary action for student misconduct of a nonacademic nature is the responsibility of the Office of Student Affairs. Academic disciplinary action is the responsibility of the appropriate Academic Dean. Any complaints filed with legal authorities on behalf of the University as the result of violations of the Texas Penal Code, will be so filed by the Chief of Police.