Sexual Harassment: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, that satisfies at least one of the following categories:
An employee conditioning the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct (i.e. quid pro quo). An individual does not have to submit to the conduct in order for quid pro quo sexual harassment to occur.
Unwelcome conduct determined by the reasonable person standard, to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an education program or activity (i.e. hostile environment).
Sexual Assault: As defined in the Clery Act which includes rape, fondling, incest, or statutory rape), as defined below:
Rape (except statutory rape): the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
Fondling: the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of his/her temporary or permanent mental incapacity.
Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Statutory Rape: sexual intercourse with a person who is under the statutory age of consent.
Intimate Partner Violence: (Dating Violence, Domestic Violence, and Stalking, pursuant to the Violence Against Women Act/VAWA): a pattern of coercive or abusive behavior used to gain and exercise control and power in a current or former relationship:
Dating Violence: violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
Domestic Violence: felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is co-habitating with or has co-habitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.
Stalking: repeated behaviors or activities whether in person, online, or through any other means which threaten or endanger the safety, physical or mental health, life or property of another or creates a reasonable fear of such a threat or action.
Sexual Misconduct: conduct of a sexual nature that is nonconsensual or is carried out through force, threat or coercion. Sexual misconduct includes but not limited to sexual exploitation and voyeurism:
Sexual Exploitation: sexual exploitation occurs when a person takes nonconsensual or abusive sexual advantage of another for his/her own benefit or advantage or to benefit or advantage anyone other than the person being exploited, and that behavior does not otherwise constitute another form of sexual misconduct. Examples of sexual exploitation include, but are not limited to, prostituting another, nonconsensual video or audiotaping of sexual activity, permitting others to secretly observe or record consensual activity or engaging in voyeurism.
Voyeurism: voyeurism occurs when a person, for the purposes of sexual arousal or gratification sexual purposes, surreptitiously invades the privacy of another. Voyeurism can occur in person or through recording or electronic means.
Retaliation: adverse academic, employment, or other actions against anyone reporting or participating in an investigation of Title IX allegations.
DETERMINING Consent
Consent: an action which is which is defined as positive, unambiguous, voluntary and ongoing agreement to engage in a specific activity. Consent is the equal approval, given freely, willingly, and knowingly, of each participant to desired sexual involvement. Consent is an affirmative, conscious decision – indicated clearly by words or actions – to engage in mutually accepted sexual contact. A person may be incapable of giving consent due to physical incapacitation, physical or mental disability, threat or force, coercion, the influence of drugs or alcohol or age. Silence or lack of resistance cannot be the sole factor in determining one has received consent.
Force: the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent.
Coercion: intimidation, physical, or psychological threat, or pressure used to force another to engage in sexual acts. Coercion is unreasonable pressure for sexual activity.
Incapacitation:inability to evaluate, understand, or control conduct because an individual is unconscious, asleep, intoxicated or under the influence of other drugs, or for any other reason, physically, mentally, or legally unable to communicate or grant consent. Incapacitation does not correlate to a specific blood alcohol content (“BAC”) and could be the result of drug use.
INVOLVED PARTIES
Complainant: an individual who is alleged to have experienced conduct that could violate this policy - also referred to as a party for purposes of this policy.
Respondent: an individual who has been reported to be the perpetrator of conduct that could violate this policy. A respondent is presumed not responsible for the alleged conduct until a determination regarding responsibility has been made pursuant to the hearing protocol - also referred to as a party for purposes of this policy.
Student: an individual is a student when they are registered for courses, seminars, or workshops at the university, either full-time or part-time; pursuing graduate, undergraduate or continuing education courses; accepted for admission; or living in a residence hall, whether or not actually enrolled at the university.
Faculty Member: an individual who employed by the university to conduct classroom, research, or teaching activities.
Employee: an individual is an employee when they have been hired/employed by the university to perform certain work or services at a specified hourly wage or salary. Student employees are employees for purposes of this policy.
