An LBJ Student Center student employee accused of sexual assault in late September no longer works in the building, the LBJ Student Center director told The University Star on Oct. 15.
A Texas State student created a social media thread Sept. 20 outlining a story of a male student employee allegedly sexually abusing her friend in the LBJ Student Center. Director Jack Rahman says a decision was made to part ways with the student around the time the allegations were made.
“We’re concerned for everybody’s well being,” Rahman said. “Beyond that, it was turned over to the [appropriate people] to deal with [it]… we decided that for now that was the best course of action.”
Rahman says there were no rebuttals from the student regarding their dismissal. The University Star reached out to the former student employee about the allegations and has not received a response to date.
“This matter has been brought to the university’s attention, and we will take whatever steps we deem appropriate,” Texas State said in a statement Sept. 22 to The University Star.
According to the University Police Department’s 60-day Crime Log, an assault by contact that allegedly took place Sept. 20 in the LBJ Student Center was reported Sept. 21. A Clery Act Incident Report was filed by a Campus Security Authority (CSA), an individual who works closely with students and in campus activities.
CSAs are obligated to submit incident reports as soon as they learn of anything that may be a Clery Act crime, including sexual assault. Reports are not used to identify victims but rather “to meet Clery Act requirements and increase public safety.” CSAs are not obligated to identify a victim.
Six reports of sexual assault have been reported to UPD since the start of the fall semester, according to the crime log. Two of those instances were reported to have taken place around the Bobcat Village Apartments and Sayers Hall, respectively. The four other locations are either unknown, undocumented or off campus.
UPD is obligated to report any claims it receives of sexual misconduct to the Office of Equity and Inclusion (Title IX). When Title IX receives a complaint, the complaint is evaluated to confirm that it falls under the office’s policy.
“Whether or not [a complaint] falls under Title IX Sexual Harassment or non-Title IX Sexual Harassment, our office will [review] it; it doesn’t matter if it happened on or off campus, in that respect,” said Kendra Wesson, Deputy Title IX coordinator at Texas State.
According to the Texas State University System Sexual Misconduct Policy and Procedures, the review conducted by the Title IX office is “to determine if the allegation will be classified as Title IX Sexual Harassment or Non-Title IX Sexual Misconduct at any point during the grievance process.”
Allegations will be classified as Title IX Sexual Harassment if:
- the sexual misconduct meets the definition of Title IX Sexual Harassment;
- the sexual misconduct occurred against a person participating in or attempting to participate in a Component’s Education Program or Activity;
- the sexual misconduct occurred against a person located within the United States.
Sexual misconduct that does not meet all requirements for Title IX Sexual Harassment is classified as Non-Title IX Sexual Misconduct.
“If it falls under Title IX Sexual Harassment, the decision makers, which are faculty or staff volunteers who are trained to make those decisions, will be the deciding factor on whether or not a violation occurred and what those sanctions will entail,” Wesson said.
“[For] Non Title IX [Sexual Misconduct]… the Title IX Coordinator (Alexandria Hatcher) will decide whether a violation occurred and will then issue that report to a sanctioning party; our office does not sanction anyone in that [regard], we are the investigating piece.”
Wesson says if a student is found in violation, she, he or they would report to the Dean of Students office.
It is the decision of the complainant to decide if she, he or they want to pursue a criminal investigation; the Office of Equity and Inclusion has no authority in that. Criminal cases, including UPD investigations, are separate from the office.
The University Star is gathering more information and will provide updates as they become available.