Sexual Misconduct Explained
Sexual misconduct can occur in more than one form of conduct and does not have to be physical or physically aggressive. As the term is used in this policy, it includes, but is not limited to:
- Sexual Harassment (Or Attempt to Commit the Same) - Unwelcome verbal, nonverbal, or physical conduct of a sexual nature that denies or limits, on the basis of sex, someone’s ability to participate in or benefit from the University’s educational program or activities. Sexual harassment can take two forms: quid pro quo harassment and hostile environment harassment. Quid pro quo harassment occurs if a teacher or other University employee conditions an educational decision or benefit on the student’s submission to unwelcome sexual conduct. Hostile environment harassment is sexually-harassing conduct by a University employee, another student, or a third party that is sufficiently serious to deny or limit a student’s ability to participate in or benefit from the University’s educational program or activities. Teachers and other University employees can engage in either type of harassment. Students and third parties generally can engage only in hostile environment harassment, unless they are given responsibility over other students.
Examples include: an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to egregious, unwelcome sexual attention; to punish a refusal to comply with a sexual based request; to condition a benefit on submitting to sexual advances; sexual violence; intimate partner violence, stalking; gender-based verbal or physical abuse, intimidation or bullying.
- Non-Consensual Sexual Contact (Or Attempt to Commit the Same) - Any intentional sexual touching, however slight, with any object, by a man or a woman upon a man or a woman, that is without consent and/or by force.
Examples include: intentional contact with the breasts, buttocks, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.
- Non-Consensual Sexual Intercourse of Any Type (Or Attempts to Commit the Same) - Any sexual intercourse, however slight, with any object, by a man or woman upon a man or woman, that is without consent and/or by force, actual or constructive.
Examples include: vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.
- Sexual Exploitation - Sexual exploitation is any actual or attempted abuse of a position of vulnerability, differential power, or trust for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another person. Sexual exploitation includes, but is not necessarily limited to:
- Invasion of sexual privacy;
- Prostituting another student;
- Non-consensual video or audio-taping of sexual activity;
- Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);
- Engaging in voyeurism;
- Knowingly transmitting or exposing a STD or HIV to another student;
- Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;
- Sexually-based stalking, harassment or bullying;
- Nonconsensual capturing, taking, depicting or publication of, with or without identification, intimate images of another student.
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