Consent

Consent is a mutual, voluntary, and informed agreement to participate in specific sexual acts that is not achieved through manipulation, force or coercion of any kind, and requires having cognitive and emotional ability to agree to participate. Impairment or incapacitation due to alcohol and/or drug use, permanent/ temporary psychological or physical disability, and being below the age of consent (age 16) are factors which detract from or make consent impossible. Silence or an absence of resistance does not imply consent, consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another; Consent may be withdrawn at any time.

Coercion

The use of pressure to compel another individual to initiate or continue sexual activity against an individual’s will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats, and blackmail. A person’s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual’s freedom of will and ability to choose whether or not to engage in sexual activity. Examples of coercion include threatening to “out” someone based on sexual orientation, gender identity, or gender expression and threatening to harm oneself if the other party does not engage in the sexual activity.

Dating Violence

Violence by a person who is or has been in a social relationship of a romantic or intimate relationship with the complainant. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Whether there was such relationship will be gauged by its length, type, and frequency of interaction.

Domestic Violence

Domestic violence is the use of emotional, physical and/or sexual aggression by an individual against their intimate partner in order to maintain power and control in the relationship. Threats and/or physical actions which endanger the health, safety, or welfare of an individual are prohibited regardless of the relationship between the parties. Violence committed by an individual who is or has been in a social relationship of a romantic or intimate nature with the reporting party. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
Domestic Violence is also a felony or misdemeanor crime of violence committed by:
a) A current or former spouse or intimate partner or the complainant;
b) A person with whom the complainant shares a child in common;
c) A person who is cohabitating with, or has cohabitated with, the complainant as a
spouse or intimate partner;
d) A person similarly situated to a spouse of the complainant under the domestic or
family violence laws of the jurisdiction in which the crime of violence occurred, e) Any other person against an adult or youth complainant who is protected from
that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Force

The use or threat of physical violence or intimidation to overcome an individual’s freedom of will to choose whether or not to participate in sexual activity. There is no requirement that a party resists the sexual advance or request, but resistance will be viewed as a clear demonstration of non-consent.

Incapacitation

A state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent due to the use of drugs or alcohol, when a person is asleep or unconscious and unable to understand the “who, what, when, where, why, or how” of their sexual interactions or because of an intellectual or other disability which prevents the individual from having the capacity to give consent.

Sexual Harassment

Sexual Harassment is defined as unwelcome sexual advances, request for sexual favors, and any other verbal, non-verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made either explicitly or implicitly, a term or condition of an individual’s education, employment, or participation in programs or activities at the Covered Entity;
2. Submission to or rejection of such conduct by an individual is used as a basis for decisions affecting that individual’s education, employment, or participation in programs or activities at the Covered Entity; or
3. Such conduct is so severe and pervasive that it has the purpose or effect of unreasonably interfering with an individual’s education, employment or participation in programs at the Covered Entity and/or creating an intimidating, hostile, offensive or abusive employment, academic, extracurricular or living or learning environment for the individual at the Covered Entity.

Sexual Assault

Any sexual act directed against another person, without the consent of that person, including instances where the person is incapable of giving consent. Any sexual act directed against another person, forcibly and/or against that person’s will; or, if not forcibly, where the victim is incapable of giving consent. Sexual assault also includes, but is not limited to, non-consensual sexual intercourse/sexual contact, incest rape, including statutory rape, and sexual exploitation. Common definitions and actions considered sex assault are listed below.

Non-Consensual Sexual Contact or attempts to commit: Intentional contact with the breasts, buttock, groin, or genitals; 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, or by breasts, buttocks, groin, genitals, mouth, or other orifice; by a person upon a person; without consent.
Non-consensual intercourse or attempts to commit: Penetration of a bodily orifice with any object(s) or body part, however slight, that is without consent and/or by force.
Sexual Exploitation occurs when a person takes advantage of another without that individual’s consent for the initiator’s own advantage or benefit or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:

• Sexual exhibitionism
• Prostituting or soliciting another student
• Non-consensual video, photographing, or audio-taping of a sexual nature
  and/or distribution of these materials via mediums such as the internet o Exceeding the boundaries of consent (e.g., allowing people to watch consensual sex without knowledge from the participants)
• Peeping or other voyeurism
• Knowingly transmitting a Sexually Transmitted Infection (STI) or HIV to
  another individual
• Sexually-based stalking and/or bullying may also be forms of sexual
  exploitation

Stalking

Engaging in a course of conduct directed at a specific individual that would cause a reasonable person to fear for the individual’s safety or the safety of others; or if the individual suffers substantial emotional distress. Stalking includes unwanted, repeated, or cumulative behaviors that serve no purpose other than to annoy, threaten, or cause fear for another individual. Common stalking acts include, but are not limited to, harassing, threatening or obscene phone calls, any written or electronic communication, following, vandalism of personal property, and/or leaving unwanted gifts or objects.