Sexual Misconduct

Updated August 2026

2.32 | Sexual Misconduct

2.32.A | For the definition of sexual misconduct see Texas A&M University System Regulation 08.01.01 Civil Rights Compliance, and University Rule 08.01.01.W1 Civil Rights Compliance which governs Title IX, sex-based misconduct, and all other civil rights cases

2.32.B | Sexual Contact: Attempting or making sexual contact, including but not limited to, inappropriate touching without the person’s consent (see “consent” definitions), or in circumstances where the person is physically, mentally or legally unable to give consent when the behavior is not so severe, pervasive, or persistent to create a work, educational, or campus living environment that a reasonable person would consider intimidating, abusive, or offensive or sexual exploitation as defined in Texas A&M University System Regulation 08.01.01.

2.32.C | Sexual Harassment:  A form of sex discrimination. Unwelcome conduct on the basis of sex (of a sexual nature or otherwise):

1. By an employee of the member who conditions the provision of aid, benefit, or service of the member on an individual’s participation in that unwelcome sexual conduct.
2. Determined by a reasonable person to be so severe and pervasive and objectively offensive that it effectively denies a person equal access to the member’s education program or activity.
3. Sexual assault or dating violence, domestic violence, or stalking based on sex.

2.32.D | Sexual Exploitation: Taking non-consensual or abusive sexual advantage of another for the benefit of oneself or a third party. Prohibited behavior includes, but is not limited to:

1. Photography or video recording of another person in a sexual, intimate, or private act, without that person’s full knowledge and consent.
2. Purposeful distribution or dissemination of sexual or intimate images or recordings of another person, without that person’s full knowledge and consent.
3. Sexual voyeurism.
4. Inducing another to expose one’s genitals, or private areas.
5. Inducing another to expose one’s genitals, or private areas.
6. Prostituting another student.
7. Engaging in sexual activity while knowingly infected with an STD.

2.32.E | Stalking: Course of conduct directed at a specific person that would cause a reasonable person to be: a) intimidated or exhibit emotional distress, or b) fear for the person's safety or the safety of others. For sex-based or stalking behaviors based on any other protected status, please see University Rule 08.01.01.W1. Stalking (not based on sex or other protected status) behavior may include, but is not limited to:

1. Unwanted or repeated communication (e.g., phone calls, emails, text messages, social media messages, or third party).
2. Following, surveilling, or appearing uninvited at an individual's residence, place of employment, or academic settings.
3. Unwanted gifts, letters, or other unsolicited materials.
4. Threats, whether explicit or implied that cause fear or distress.
5. Vandalism, property damage, or any form of intimidation.

2.32.F | Public Indecency: Engaging in private or sexual acts in a publicly viewable location, such that it is offensive to accepted standards of decency. Including, but not limited to, exposing one’s genitals or private area(s), public urination, defecation, or public sex acts.

2.32.G | Nonconsensual Sexual Contact: Intentional sexual touching, however slight, and with any object or part of one’s body, of another’s private areas without consent. Private area includes buttocks, breasts, mouth, genitals, groin areas, or other bodily orifice.