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Definitions

Definitions

For more details about each category and the full policy, protocol, and procedures for each see the Student Code of Conduct and the Employee Policy and Procedure Manual.

Consent

Consent is present when clearly understandable words or actions manifest a knowing and voluntary agreement to engage in specific sexual or intimate contact. Consent must demonstrate that all individuals understand and are aware of and agree to the “who, what, where, when and how” of the sexual activity. Silence, passivity, submission, or the lack of verbal or physical resistance does not constitute consent.  Consent must be given freely and cannot be the result of force, threats, intimidation, coercion, or fraud. Consent must exist at the time of the sexual activity; consent to previous sexual activity does not imply ongoing consent and consent may be withdrawn at any time.  Consent is not present when the individual is incapacitated, voluntarily or involuntarily due to age, physical condition (i.e. drugs, alcohol, unconsciousness), or disability.

Sexual Assault

As per the uniform crime reporting system of the Federal Bureau of Investigation, “sexual assault” is classified as a forcible or non-forcible sex offense.

Rape

Penetration, no matter how slight, of the vagina or anus with any body part or object, and/or oral penetration by a sex organ of another person, without the consent of the victim including instances where the victim is incapable of giving consent because his/her of age or because of his/her temporary or permanent mental or physical incapacity.

Sodomy

Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.

 Assault with Object

The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body by another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will when the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent incapacity.

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 his/her age or because of his/her temporary or permanent mental or physical incapacity.

Non Forcible Offenses

Unlawful, non-forcible sexual intercourse including Incest (non-forcible sexual intercourse between persons who are related to each other wherein marriage is prohibited by law) and Statutory Rape (non-forcible sexual intercourse with a person who is under the statutory age of consent).

Sexual Exploitation

Non-consensual or abusive sexual advantage of another for his/her own advantage or benefit or advantage to anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual assault offenses.  Examples include, but are not limited to

  • Invasion of sexual privacy
  • Recruiting, harboring, transporting, providing, or obtaining another person for the purpose of sexual exploitation
  • Non-consensual video or audio recording of sexual activity and/or distributing such recordings
  • Going beyond boundaries of consent (e.g. letting a friend hide in closet to watch you having consensual sex)
  • Voyeurism
  • Exhibitionism
  • Sexually based stalking and/or bullying
  • Inducing incapacitation in another person with the intent to engage in sexual conduct, regardless of whether prohibited sexual conduct actually occurs

 

Domestic Violence

Felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic family violence laws of the state, or by any other person against an adult or youth victim who is protected from that person’s acts under state domestic or family law.  Domestic violence includes intimidation, harassment, physical abuse, or interference with personal liberty.

Dating Violence

Violence including intimidation, harassment, physical abuse, or interference with personal liberty committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of the relationship shall be determined based on consideration of the following factors: a) the length of the relationship; b) the type of relationship; and c) the frequency of interaction between the persons involved in the relationship.

Stalking

Engaging in a course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress.  Conduct that would be defined as stalking may include any actions directed to another person whether done directly, indirectly, through others, via electronic or other devices.

Sexual Harassment

Any unwelcome conduct of a sexual nature, which includes, but is not limited to, unwelcome sexual advances; the use or threatened use of sexual favors as a basis for academic or employment decisions; conduct that creates a hostile, intimidating or offensive academic or working environment; conduct that has the effect of unreasonably interfering with an individual’s academic or work performance; and other verbal, nonverbal, or physical conduct of a sexual nature that is sufficiently severe, persistent, or pervasive to limit a person’s ability to participate in or benefit from an educational program or activity.

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