Definitions

Sexual Misconduct is defined as:

  • Non-consensual Sexual Intercoursee, which includes any sexual intercourse (anal, oral, or vaginal), however slight, with any body part or object, by a man or woman, without effective consent.
     
  • Non-consensual Sexual Contact, which includes sexual touching, however slight, with any object, by a man or woman, without effective consent.
     
  • Sexual Exploitation, which includes non-consensual, unjust or abusive sexual advantage taken by a student of another, for his or her own advantage or benefit, or to benefit or advantage any other than the one being exploited, and that behavior does not otherwise constitute non-consensual sexual intercourse, non-consensual sexual contact, or sexual harassment.  Examples of sexual exploitation include, but are not limited to: prostitution, videotaping consensual sex without a partner's consent, peeping tommery, and knowingly transmitting sexually transmitted infections without a partner's knowledge.

Definition of Consent

  • Consent must be informed, freely and actively given, involving an understandable exchange of affirmative words or actions, which indicates a willingness to participate in mutually agreed upon sexual activity. It is the responsibility of the initiator to obtain clear and affirmative responses at each stage of sexual involvement. The lack of a negative response is not consent. Consent may not be given by a minor or by any individual who is incapacitated, whether voluntarily or involuntarily, by drugs and/or alcohol. Past consent of sexual activities does not imply ongoing future consent.

Stalking

  • Stalking is defined as: Any behaviors or activities occurring on more than one (1) occasion that collectively instill fear in the victim and/or threaten her/his safety, mental health and/or physical health. Such behaviors or activities may include, but are not limited to, whether on or off campus, non-consensual communications (face to face, telephone, e-mail, etc.), threatening or obscene gestures, surveillance or being present outside the victim’s classroom or workplace.

Relationship Violence is Defined As

  • Physical abuse, which can include but is not limited to, slapping, pulling hair or punching.
    Threat of abuse, which can include but is not limited to, threatening to hit, harm or use
    a weapon on another (whether victim or acquaintance, friend or family member of the
    victim) or other forms of verbal threat.
     
  • Emotional abuse, which can include but is not limited to, damage to one’s property, driving
    recklessly to scare someone, name calling, threatening to hurt one’s pets and humiliating
    another person.
     
  • Sexual harassment, which can include any unwelcome sexual advance or request for sexual
    favors, or any conduct of a sexual nature when submission to such conduct is made either
    explicitly or implicitly a term or condition of an individual’s education; submission to or
    rejection of such conduct by an individual is used as a basis for academic decisions affecting
    the individual; or such conduct has the purpose or effect of substantially interfering with
    an individual’s academic performance or creating an intimidating, hostile or offensive
    educational environment. Examples of conduct which may constitute sexual harassment
    include but are not limited to:
    • sexual flirtation, touching, advances or propositions
    • verbal abuse of a sexual nature
    • pressure to engage in sexual activity
    • graphic or suggestive comments about an individual’s dress or appearance
    • use of sexually degrading words to describe an individual
    • display of sexually suggestive objects, pictures or photographs
    • sexual jokes
    • stereotypic comments based upon gender
    • threats, demands or suggestions that retention of one’s educational status is contingent upon toleration of or acquiescence in sexual advances.

The definitions contained in this statement are in addition to any state law.