Sexual Misconduct is contact of a sexual nature without clear, knowing, or voluntary consent, or offensive sexual or other behavior which exploits another person on the basis of his/her gender or sexual orientation, including the following: 1. Sexual Harassment
Sexual Harassment is defined as unwanted sexual conduct that creates a hostile environment or otherwise results in individuals being denied equal opportunity in education, including sexual advances or requests for sexual favors, or other visual, verbal or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes gender-based harassment of a person of the same or different gender as the harasser.
- Quid pro quo (promises such as higher grades, raises, promotions) based on a person’s willingness to submit to unwelcome behavior or unwelcome attention based on a person’s gender or sexual orientation. It can also involve threats based on an individual’s refusal to submit to unwelcome behavior, including a romantic relationship or granting sexual favors or if submission to such conduct is made a term or condition of employment or the educational relationship;
- Hostile environment exists where there are incidents of verbal or nonverbal behavior in the academic environment or workplace that focus on the gender or sexuality of a person that are unwelcome, that are sever or pervasive enough to adversely affect a person’s academic, work, or living environment, and are outside the scope of appropriate academic study or work practices.
2. Non-Consensual Sexual Contact
- Inappropriate comments of a sexual nature, including sexually explicit comments or derogatory comments, slurs, or jokes;
- Verbal abuse of a sexual nature; graphic verbal commentaries about an individual’s body; sexually degrading words used to describe an individual; or suggestive or obscene letters, notes, or e-mails;
- To repeatedly subject a person to unwelcome sexual attention, such as requests for dates, flirtation, sexual advances, phone calls, or unwanted gifts;
- To punish a refusal to comply with a sexually based request;
- Displaying inappropriate or sexually suggestive or derogatory materials, pictures, or posters in a location where others can see them;
- An attempt to coerce an unwilling person into a sexual relationship;
- Gender-based bullying;
- Intimate partner violence, sexual violence or assault
Non-consensual sexual contact is any intentional sexual touching, however slight, with any object, by a person upon another person that is without consent and/or by force.
Examples include but are not limited to:
3. Non-Consensual Sexual Intercourse
- Intentional contact with the breasts, buttock, groin, or genitals,
- Touching another with any of these body parts,
- Making another touch you or themselves with or on any of these body parts,
- Any other intentional bodily contact of a sexual nature.
Non-consensual sexual intercourse is any sexual penetration however slight, with any object, by a person upon another person, which is without consent and/or by force. For example, vaginal penetration, anal, or oral, no matter how slight the penetration or contact, is non-consensual. 4. Sexual Exploitation
Sexual exploitation occurs when a student/employee takes non-consensual, unjust, or abusive sexual advantage of another for personal gain or benefit. Examples include, but are not limited to:
- Invasion of sexual privacy;
- Prostituting another;
- Non-consensual video or audio-taping of sexual activity;
- Knowingly allowing another to watch consensual sexual activity;
- Knowingly transmitting or exposing another person to a sexually transmitted infection (STI)
- Exposing one’s genitals in non-consensual circumstances.
Stalking is a pattern of repeated and unwanted attention, or any course of conduct directed at a specific person, based on gender or sexual orientation, that would cause a reasonable person to be afraid or concerned for his or her safety or the safety of others or suffer substantial emotional distress, including by phone, mail or e-mail, or Internet social networks. Threat may be direct or indirect and conduct may include following or writing to a victim. 5. Domestic Violence
Domestic violence is a pattern of abusive and violent behavior, usually involving a current or former spouse, an intimate partner, a person with whom the complainant shares a child, by a person who is or was cohabiting with the complainant as a spouse or intimate partner, and/or by any other person against a youth or adult victim who is protected against that person under the domestic or family violence laws, that is used one by partner to gain or maintain control over another partner.
Domestic violence can be physical, sexual, emotional, economic or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound the other partner. 6. Dating Violence
Dating violence means violence by a person who has been in a social relationship of a romantic or intimate nature with the complainant. Whether there was such relationship will be gauged the following: length of relationship, type or relationship, and frequency of interaction between the persons involved.