Sexual Misconduct Related Definitions

Sexual Assault

Sexual penetration without consent (e.g. rape) {see definition below}, sexual contact without consent (e.g. fondling) {see definition below}, incest {see definition below}, or statutory rape {see definition below}.

Rape

The 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.

Statutory Rape

Sexual intercourse with a person who is under the statutory age of consent under the laws of the state in which the incident occurred.

Fondling

The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

Incest

Sexual intercourse between people who are related to each other within the degrees wherein marriage is prohibited by law.

Sexual Harassment

Sexual harassment is any unwelcome sexual advance, request for sexual favors, or other unwelcome verbal or physical conduct of a sexual nature when:

  • Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment, education or participation in social or extracurricular activities;
  • Submission to or rejection of such conduct by an individual is used as the basis for employment or educational decisions affecting the individual; or
  • Such conduct has the purpose or effect of unreasonably interfering with an individual’s work or education by creating an intimidating, hostile, humiliating, demeaning, or offensive environment. The effect will be evaluated based on the perspective of both the complainant and a reasonable person in the position of a complainant.
  • A single or isolated incident of prohibited behavior may create a hostile environment if the incident is sufficiently severe. The more severe the conduct, the fewer number of incidents are necessary to establish a hostile environment, particularly if the harassment is physical.

Consent

Consent is affirmative, conscious and voluntary. Consent means affirmative, conscious and voluntary agreement by the parties to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity

Non-Consensual Sexual Contact

Non-consensual sexual contact refers to any intentional sexual touching, however slight, with any part of the body or an object, by a man or a woman upon a man or a woman that is without consent and/or by force.

Sexual Contact

Kissing, touching the intimate parts of another, causing the other to touch one's intimate parts, or disrobing of another without permission. Intimate parts may include the breasts, genitals, buttocks, groin, mouth or any other part of the body that is touched in a sexual manner.

Non-Consensual Sexual Intercourse

Non-consensual sexual intercourse refers to any sexual intercourse, however slight, with parts of the body or any object, by a man or woman upon a man or a woman that is without consent and/or by force.

Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. This includes rape, sexual assault, battery and sexual coercion.

Sexual Intercourse

Includes 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 violence

May involve individuals who are known to one another or have an intimate and/or sexual relationship (e.g. domestic violence, dating violence) or may involve individuals not known to one another. Examples include, but are not limited to:

  • Having or attempting to have sexual intercourse as defined above with another individual
  • Having or attempting to have sexual contact as defined above with another individual

Sexual Violence (Dating/Domestic)

Involves individuals who are known to one another or have an intimate and/or sexual relationship (e.g. domestic violence, dating violence) or may involve individuals not known to one another. Examples include, but are not limited to:

  • Having or attempting to have sexual intercourse as defined above with another individual
  • Having or attempting to have sexual contact as defined above with another individual

Incapacitation

Incapacitation is the inability, temporarily or permanently, to give knowing consent, because the individual is mentally and/or physically impaired due to drug or alcohol consumption, either voluntarily or involuntarily, or the individual is unconscious, asleep or otherwise unable to understand or is unaware of what is occurring. In addition, an individual is incapacitated if he/she is unaware of where they are, how they got there, or why or how they became engaged in a sexual interaction. Some indicators of incapacitation may include, but are not limited to, lack of control over physical movements, lack of awareness of circumstances or surroundings, or the inability to communicate for any reason.

Sexual Exploitation

Sexual exploitation refers to an act or acts committed through non-consensual abuse or exploitation of another person's sexuality for the purpose of sexual gratification, financial gain, personal benefit or advantage or any other non-legitimate purpose. The act or acts of sexual exploitation are prohibited even though the behavior does not constitute one of the other sexual misconduct offenses. Sexual exploitation may involve individuals who are known to one another, have an intimate or sexual relationship, and/or may involve individuals not known to one another.

Stalking

Stalking – Extreme or repeated conduct involving unwanted attention, harassment, physical or verbal contact, or any other course of conduct directed at an individual that could be reasonably regarded as likely to alarm or place that individual in fear of harm or injury, including physical, emotional or psychological harm.

Retaliation

Retaliation refers to an adverse action taken against a person for making a report of sexual misconduct or participating in any process under this policy. Retaliation includes threatening, intimidating, harassing, coercive, or any other conduct that could discourage a reasonable person from engaging in activity protected under this policy.

Contact Us

Main campus

Davenport campus
Deputy Title IX Coordinator
563-884-5246

Branch campuses

Florida campus
Deputy Title IX Coordinator
(408) 944-6122

West campus
Deputy Title IX Coordinator
(386) 763-2665

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