Sexual Misconduct Related Definitions

Sexual Misconduct

A broad term that includes but is not limited to:

Sexual harassment;  Non-consensual sexual contact;  Non-consensual sexual intercourse;  Sexual violence; Sexual exploitation;  Stalking and cyber-stalking;  Bullying and cyber-bullying;  Retaliation; Other misconduct behaviors that are sex or gender based.

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 creates a "hostile environment" if it is sufficiently severe, persistent or pervasive that it unreasonably (i) interferes with, (ii) limits, or (iii) deprives an individual from participating in or benefiting from the College's educational or employment programs, activities or living environment. In evaluating whether a hostile environment exists, the totality of known circumstances including the nature, frequency, intensity, location, context and duration of the conduct will be considered from the perspective of both the reporting party and a reasonable person in the position of a responding party.   

 

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.

Sexual Violence

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.

Dating or Domestic (Intimate Partner) Violence

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 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

Incest

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

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.

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.

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.

Non-Consensual Sexual Contact

Non-consensual Sexual Contact is any intentional sexual touching, however slight, with any part of the body or any object, by a person upon another person, that is without consent and/or by force.

Sexual Contact includes intentional contact with the breasts, buttock, 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; or any other intentional bodily contact in a sexual manner.

Non-Consensual Sexual Intercourse

Non-Consensual Sexual Intercourse is: any sexual intercourse, however slight, with any part of the body or any object, by a person upon another person, that is without consent and/or by force. Intercourse includes vaginal or anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact), no matter how slight the penetration or contact.

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 and Cyber-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.

 

Stalking includes cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts or other similar devices or forms of contact are used to pursue, harass or make unwelcome contact with another person.

 

This can be done through email, instant messaging, text messages, web pages, chat rooms, or even interactive game sites.

 

Stalking and cyber-stalking may involve individuals who are known to one another or have an intimate or sexual relationship, or may involve individuals not known to one another.

Bullying and Cyber-bullying  

Extreme or repeated verbal, physical, social or psychological behavior that is harmful and involves the misuse of power by an individual or group towards one or more persons.

 

Bullying is 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.

 

Bullying can include, but is not limited to, humiliation, intimidation and belittlement. Bullying is not only a form of sexual misconduct but also a type of harassment, which may be based upon other legally protected classes.

 

Bullying includes cyber-bullying, a particular form of bullying in which electronic media such as the internet, social networks, blogs, cell phones, texts or other similar devices or forms of contact are used to pursue, harass or make unwelcome contact with another person or persons. This can be done through email, instant messaging, text messages, web pages, chat rooms, or even interactive game sites.

Other Misconduct When Sex or Gender-based

Other misconduct behaviors will fall under Title IX when sex or gender-based. Examples include, but are not limited to:

 

  1. Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person;
  2. Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities;
  3. Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another;
  4. Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the College community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity (as defined further in the Hazing Policy); and
  5. Violence between those in an intimate relationship to each other.

Aiding or Facilitating

Sexual misconduct includes aiding, facilitating, promoting or encouraging the behaviors prohibited by this Handbook. Aiding or facilitating may also include failing to take action to prevent an imminent act when it is reasonably prudent and safe to do so.

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.

Please refer to the Sexual Misconduct Handbook for the Resolution of Reports of Sexual Misconduct for more information.

Contact Us

Main campus
Deputy Title IX Coordinator
563-884-5246

Florida campus
Deputy Title IX Coordinator
386-763-2665 

West campus
Deputy Title IX Coordinator
408-944-6122

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