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:
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.Back to Top
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.Back to Top
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.Back to Top
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.Back to Top
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.Back to Top
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.