Definitions
Complainant
"Complainant" refers to anyone that has been subjected to sexual misconduct or any other university policy. Complainant also refers to the university when the university files the complaint.
Respondent
"Respondent" refers to anyone that has a complaint of sexual misconduct or any other university policy filed against them.
Sexual Harassment
Sexual harassment is unwelcome conduct of a sexual nature and may include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, including non-consensual sexual activity. Sexual harassment, including non-consensual sexual contact / intercourse, can involve persons of the same or opposite sex.
Consistent with state and federal law, this policy prohibits two types of sexual harassment:
1. Tangible Employment or Educational Action (quid pro quo)
A person with authority over the student or employee explicitly or implicitly conditions a term or condition of the student or employee’s education or employment on the individual’s submission to unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature. This includes instances where submission to or rejection of such sexual conduct by an individual is used as the basis for educational or employment decisions affecting the individual. In determining whether such harassment exists, it is immaterial whether the individual resists and suffers the threatened harm or submits and thus avoids the threatened harm.
2. Hostile Environment
Sexual harassment may create a hostile environment when it is so severe, pervasive, or persistent, and objectively offense that:
(1) It substantially interferes with another’s ability to work, study, participate in, or benefit from the university’s programs or activities; or,
(2) The conduct has the purpose or effect of unreasonably interfering with another individual’s work performance or creating an intimidating, hostile, or offensive working environment. This alternative only applies in the context of employment.
Non-Consensual Sexual Activity
Non-consensual sexual activity includes any conduct that involves non-consensual sexual contact or non-consensual sexual intercourse. Non-consensual sexual contact / intercourse occurs when a person subjects another person to sexual contact / intercourse without consent.
Non-Consensual Sexual Contact (NCSC):
Unwanted intentional contact of an intimate body part / area for the purpose of sexual gratification.
Examples of intimate body parts / area include, groin, thighs, breasts, genitals, buttock, or areas close to the aforementioned.
Non-Consensual Sexual Intercourse (NCSI):
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 consent.
Consent
Consent means actual words or conduct indicating freely given agreement to the sexual act. Consent cannot be inferred from silence, passivity, or lack of active resistance. There is no consent where there is a threat of force or violence or any other form of coercion or intimidation, physical or psychological abuse. Sexual activity is non-consensual if one of the involved parties is incapable of consent by reason of mental incapacity, drug/alcohol use, illness, unconsciousness, or physical condition. Sexual activity is non-consensual if any of the involved parties are incapable of providing consent due to but not limited to; use of force or threat of force, coercion, lack of clear words of actions, resistance (verbally or physically), deception, incapacitation, mental capability or age.
Incapacitation
An individual incapacitated due to alcohol or drugs is unable to provide consent. Incapacitated due to alcohol or drugs is not referring to someone simply under the influence of alcohol or drugs or "drunk." Incapacitated due to alcohol or drugs is referring to individuals that are in a state of intoxication where the individual cannot make rational, reasonable decisions because the person lacks the capacity to give knowing consent (to understand the "who, what, when, where, why, or how" of the sexual interaction). Therefore, if an individual is demonstrating signs or symptoms of incapacitation due to alcohol or drugs do not engage in sexual activity as the sexual activity will be considered non-consensual regardless of whether you believe you have consent. Examples of signs and symptoms of incapacitation due to alcohol or drugs are but not limited to; vomiting, swaying, slurred speech, incoherent, difficulty balancing, unusual behavior, passed out.
Coercion
Unreasonable pressure for sexual activity. When the individuals makes it clear to you that they do not want sex, that they want you to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
Retaliation
Any actual or threatened retaliation or any act of intimidation intended to prevent or otherwise obstruct the reporting, investigation, or enforcement of a complaint.
Intimate Partner Violence
(Dating / Domestic Violence) is physical harm, bodily injury, assault, or infliction of fear of imment physical harm, bodily injury or assault, between family or household members; or by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant.
Stalking
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their health and/or safety or safety or the health/safety of others. The intent of the conduct is irrelevant. It is how the conduct is perceived by the affected person based on a reasonable person standard.
Gender-Based Harassment
Gender-based harassment is unwelcome conduct based on a person’s actual or perceived sex. It includes slurs, taunts, stereotypes, or name-calling, as well as gender-motivated physical threats, attacks, or other hateful conduct.
Discrimination
Discrimination is defined as conduct by any means directed at another person that is so severe or pervasive, and objectively offensive that it substantially interferes with another's ability to work, study, participate in, or benefit from the university's programs or activities, such that the person is effectively denied equal access to the university's resources and opportunities, on the basis of the individual's protected status.