Definitions

Sexual Misconduct

  • 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 a woman, without effective consent.
  • Non-consensual sexual contact, which includes sexual touching, however slight, with any object, by a man or a 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 anyone 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.

Sexual Misconduct my include engaging in one or more behaviors including:

  • Sexual harassment  - which can include any unwelcome sexual advance or request for sexual favors, or any conduct of a sexual nature when:
    • the submission to such conduct is made either explicitly or implicitly a term or condition of an individual's education;
    • submission or rejection to such conduct by an individual is used as the 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. 
    • See below for examples of conduct which may constitute sexual harassment.
  • Sexual Assault - which shall include but it not limited to a sexual act directed against another person without consent, or when that person is not capable of giving CONSENT.
    • Sexual Assault is further defined in sections 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b and 53a-73a of the Connecticut General Statues.
    • First, second, third and fourth degree sexual assault as well as aggravated first degree sexual assault and third degree sexual assault with a firearm as more specifically defined in Connecticut State law.
  • Sexual exploitation - which occurs when a person takes non-consensual or abuse sexual advantage of another for anyone's advantage or benefit other than the person being exploited, an that behavior does not otherwise constitute one of the preceding sexual misconduct offenses.
    • See below for examples of behavior that could rise to the level of sexual exploitation.

Stalking

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. Stalking is defined as repeatedly contacting another person when:

  • The contacting person knows or should know that the contact is unwanted by the other person and
  • The contact causes the person reasonable apprehension of imminent physical harm or the contacting person knows or should know that the contact causes substantial impairment of th other person's ability to perform the activities of daily life.
  • As used in this definition, the term "contacting" includes, but is not limited to:
    • communicating with (including Internet communication via email, instant message, on-line community, or any other internet communication) or
    • remaining in the physical presence of another person.

Relationship Violence/Intimate Partner Violence

  • Intimate partner violence is any physical or sexual harm against an individual by a current or former spouse or by a partner in a dating relationship that results from:
    • Sexual assault as defined above;
    • Sexual assault in a spousal or cohabiting relationship;
    • Stalking as defined above and under sections 53a-181c, 53a-181d or 53a-181e of the Connecticut General Statutes.
    • Domestic violence;  as designated under 46b-38h of the Connecticut General Statutes.
    • Sexual harassment as defined above;
    • Sexual exploitation as defined above;
    • 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 the 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 family members or pets and humiliating another person.
  • The offenses that are designated as "domestic violence" are against family or household members or persons in dating relationships and include assaults, sexual assaults, talking and violations of protective or restratining order issues by a Court. Stalking is one person's repetitive and williful following or lying in wait behavior toward another person that causes that other person to reasonably fear for his or her physical safety. 

 

Consent

Consent is the equal approval, given freely, willingly, and knowingly of each participant to desired sexual involvement. Freely and actively given assent, 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. Consent is an affirmative, conscious decision - indicated clearly by worrds or actions - to engage in mutually accepted sexual contact. Consent is further defined by the Connecticut Board of Regents for Higher Education:

  • Consent shall mean the voluntary agreement by a person in the possession and exercise of sufficient mental capacity to make a deliberate choice to do something proposed by another.
  • A person who initially consents to sexual activity shall be deemed not to have consented to any such activity which occurs after that consent is withdrawn.
  • Consent cannot be assumed because there is no physical resistance or other negative response. 
  • A lack of consent may result from mental incapacity (e.g., ingestion of alcohol or drugs which significantly impairs awareness or judgment) or physical incapacity (e.g., the person is unconscious or otherwise unable to communicate consent).

 

Sexual Harassment

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

 

Sexual Exploitation

Examples of behavior that could rise to the level of sexual exploitation include:

  • Prostituting another person.
  • Non-consensual visual (e.g., video, photograph) or audio recording of sexual activity;
  • Non-consensual distribution of photos other images or information of an individual's sexual activity, intimate body parts, or nakedness with the intent to or having the effect of embarrassing an individual who is the subject of such images or information;
  • Going beyond the bounds of consent (such as letting your friends hide in the closet to watch you having consensual sex)
  • Engaging in non consensual voyeurism;
  • Knowingly transmitting a sexually transmitted infection (STI) such as HIV to another student without disclosing your STI status;
  • Exposing one's genitals in non-consensual circumstances, or including another to expose his or her genitals or
  • Possessing, distributing, viewing or forcing others to view illegal pornography.

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