This Policy prohibits all forms of sex/gender-based harassment, sexual violence, sexual exploitation, relationship violence and stalking in the University’s programs and activities. Unless explicitly stated otherwise, conduct prohibited under this Policy can be committed by people of any gender, between individuals of the same or different genders; between strangers or acquaintances; and between people involved in intimate and/or sexual relationships with one another.
Alcohol consumption and/or drug use does not constitute a mitigating factor when it contributes to violations of this Policy.
Sexual Harassment: Unwelcome verbal, nonverbal, or physical conduct based on sex/gender which is sufficiently severe, persistent, or pervasive to have the effect of creating a hostile environment by unreasonably interfering with, denying, or limiting an individual’s work, education, or living conditions OR use of a position of authority to engage in unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature when (i)an individual’s employment or education is conditioned (either explicitly or implicitly) upon submission to such conduct; or (ii)decisions affecting one’s education or employment are based upon submission to or rejection of such conduct. Sexual Harassment is a broad term that includes:
Sexual Assault: Actual or attempted sexual touching or Sexual Intercourse without Consent.
Sexual Exploitation: Actual or attempted abuse or violation of another’s privacy or taking nonconsensual or abusive sexual advantage of another for the sexual gratification, financial gain, or other benefit of anyone other than the one being exploited.
Stalking: Two or more acts directed at a specific person in which the actor directly, or through third parties, follows, monitors, observes, surveils, threatens, or communicates to or about the person or interferes with that person’s property by any action, method, device or means such that the acts would cause a reasonable person to suffer substantial emotional distress and/or to fear for his/her/another’s safety.
Sexual Violence: Actual or attempted physical act(s) of a sexual nature committed against an individual without Consent or against an individual in a state of Incapacitation. Though sometimes involved, Coercion, Force, and/or Incapacitation are not necessary for Sexual Violence to occur.
Domestic Violence: Violence, or threat of abuse, committed by a current or former spouse or cohabitant, intimate partner, or any individual from whom the Victim is protected by federal or state domestic or family violence law.
Dating violence: Violence, or threat of abuse, committed by a current or former romantic/social/intimate partner relationship with the student.
Retaliation: Adverse treatment of a person as a result of his/her reporting sex/gender-based harassment or sexual violence; as a result of him/her assisting a person with reporting sex/gender-based harassment or sexual violence of a complaint under this Policy; or as a result of him/her participating in the resolution of a complaint of sex/gender-based harassment or sexual violence under this Policy or externally.
Conduct that meets University definitions of Prohibited Conduct may also violate applicable state and/or federal law. As such, criminal prosecution may take place independently of any disciplinary action instituted by the University.