SMU policy and federal and state law
Under SMU policy and Title IX of the Education Amendments of 1972, sexual assault is considered an act of sexual violence, which is defined as a physical sexual act perpetrated against a person's will or where a person is incapable of giving consent due to the victim's use of drugs or alcohol. An individual also may be unable to give consent due to an intellectual or other disability.
Consent means voluntary, clear, continuous, mutually understandable permission, given by words or actions, regarding one's willingness to engage in sexual activity.
Sexual assault and all acts of sexual violence are forms of sexual harassment that are prohibited by Title IX and SMU policy. Students found responsible for sexual assault face disciplinary sanctions up to and including dismissal from the University.
Sexual assault also is a crime punishable under Texas law by imprisonment from two to 20 years plus a fine up to $10,000. A person convicted of sexual assault must register as a sex offender for the remainder of his or her life.
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