UIC Student Sexual Misconduct Policy

Sexual Misconduct Definitions

Sexual misconduct is the term used in this policy to encompass unwanted or unwelcome conduct of a sexual nature that is committed without valid consent. Also included in this term is any abusive behavior that arises out of an actual or perceived intimate relationship (e.g. domestic or dating violence and stalking).Sexual misconduct may occur between people of the same gender or different gender identifications. Sexual misconduct may include the following:

Sexual Misconduct Definitions

Sexual Assault

Any form of non-consensual sexual activity. Sexual assault includes all unwanted sexual acts that range from fondling to attempted rape or rape. Rape is defined as 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. Sexual assault also includes sex with minors (e.g. statutory rape or incest), sex between a minor (i.e. age 17 or younger) and a person who is 18 years or older and holds a position of authority over the complainant, and sex with a person who is unable to understand the nature of the act or is unable to give consent.

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Sexual Harassment

Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other physical or verbal conduct of a sexual nature when it meets any of the following:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's education, living environment, employment, or participation in a University-related activity or program.

b. Submission to or rejection of such conduct by an individual is used as the basis for decisions affecting an individual’s education, living environment, employment, or participation in a University-related activity or program.

c. Such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive environment for working, learning, or living on campus.

Refer to the University Sexual Harassment Policy for more detailed information.

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Stalking

Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or to suffer substantial emotional distress. Stalking may be comprised of legal and illegal behaviors that occur over time and are harassing in nature because of their content, frequency, and unwelcome nature. Stalking may be an outgrowth of domestic violence, an attempt to pursue a relationship, or arise out of a conflict or dispute.

Stalking behaviors may include but are not limited to, acts in which the stalker directly, indirectly or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens or communicates to or about a person, or interferes with a person’s property.

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Dating Violence

Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; where the existence of such a relationship is determined based on a consideration of the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship.

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Domestic Violence

Domestic violence consists of abusive behaviors that are committed by someone with a qualifying relationship with the victim. Abusive behaviors include: emotional/psychological, physical and/or sexual abuse, harassment, threats, intimidation, forcing someone to participate in illegal activities such as selling drugs or stealing, or depriving someone of necessities such as food or medicine. The qualifying relationship includes a past or present spouse or intimate partner, a person with whom the victim shares a child in common; a person living in the same apartment, house or residence hall room or by a caregiver regardless of gender identification or sexual orientation of the abuser or the victim.

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Consent

Consent means clear and unambiguous agreement by a competent person that is freely given and expressed in mutually understandable words or actions, to engage in a particular sexual activity with a specific person or persons.

  • Consent must be voluntarily given and cannot be the result of force, threats, intimidation and/or coercion (e.g. emotional or psychological pressure);
  • A person’s lack of verbal or physical resistance or submission resulting from the use of threat of force does not constitute consent;
  • Neither the manner of dress nor consent to past sexual activity constitute consent;
  • The absence of a response does not communicate consent;
  • A person’s consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another;
  • Consent can be withdrawn by either party at any time;
  • A person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to circumstances, including without limitation the following:
    • The person is incapacitated due to the use or influence of alcohol or drugs;
    • The person is asleep or unconscious;
    • The person is under the age of consent;
    • The person is incapacitated due to mental or physical disability.

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