Consent is all of the following three things: clear, knowing, and voluntary. Consent is words or actions that give permission for specific sexual activity. Here is some additional guidance as it relates to consent:
- Consent is active, not passive.
- Silence, in and of itself, cannot be interpreted as consent.
- Consent can be given by words or actions, as long as those words or actions would lead a reasonable person to understand the other party is willing to engage in the specific sexual conduct at issue
- Consent to one form of sexual activity does not automatically imply consent to any other form of sexual activity.
- Previous relationships or prior consent do not imply consent to future sexual acts.
- Consent can be withdrawn once given, as long as that withdrawal is clearly communicated. Once consent is withdrawn, sexual activity must stop promptly.
- In order to give consent, one must be of legal age.
- Consent cannot be given by someone who is incapacitated.
Force occurs when physical violence, a threat, intimidation, or coercion are used to gain sexual activity.
- Physical violence is the intentional use of force upon another, use of physical restraint, or the presence of a weapon to gain sexual access. This could include (but is not limited to) being hit, held down, pushed, restrained, or otherwise acted upon violently.
- Threats cause someone to do something they would not have done absent the threat, and the statement is clear and explicit. One example of this would be stating “if you do not have sex with me, I will hurt you.”
- Intimidation is an implied threat, where someone uses his or her power or authority to influence someone else. For example, the statement “if you sleep with me you will receive an A on the next exam,” is not a threat, but could be seen as intimidation.
- Coercion occurs when pressure, duress, and compulsion are used to gain sexual activity. Coercion can occur when someone makes it clear that pressure is unwelcome, and yet the pressure continues.
Incapacitation is a state where decision-making faculties are dysfunctional. In other words, the reporting person does not understand the Who, What, When, Where, Why, and How with respect to sexual activity. Sexual activity with someone you know to be or should know to be incapacitated is a violation of this policy.
- Incapacitation can occur mentally or physically, from developmental disability, by alcohol or other drug use, or blackout.
- What the responding party should have known is objectively based on what a reasonable person in the place of the responding party – sober and exercising good judgment – would have known about the condition of the reporting party.
- Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give consent.
- Incapacitation also covers people who are incapacitated due to mental disability, sleep, unconsciousness, involuntary physical restraint, or from the taking of rape drugs.
An act or threatened act of violence against a person with whom the offender is involved or has been involved in a dating relationship, or an act or threatened act of violence against a family or household member by a family or household member. Domestic violence also includes any other crime committed against a person or against property, or any municipal ordinance violation against a person or against property, when directed against a person with whom the offender is involved or has been involved in a dating relationship or when directed against a family or household member by a family or household member. For purpose of this definition:
- “Dating relationship” means a social relationship of a romantic nature. In addition to any other factors the court deems relevant, -the trier of fact may consider the following when making a determination of whether a relationship exists or existed: Nature of the relationship, length of time the relationship existed, frequency of interaction between the parties, and time since termination of the relationship, if applicable.
- “Family or household member” means persons 18 years of age or older who are spouses, former spouses, parents or stepparents, and children or stepchildren, and persons who are presently residing together or have resided together in the past, and persons who have a child in common regardless of whether they have been married or have lived together at any time. Family and household member also includes a man and woman if the woman is pregnant and the man is the alleged father, regardless of whether they have been married or have lived together at any time.
This is intentional contact with breasts, buttock, groin, 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. This includes:
- any intentional sexual touching,
- however slight,
- with any object,
- by a person upon another person,
- that is without consent and/or by force
This is vaginal or anal penetration by a penis, object, tongue, or finger, or oral copulation (mouth to genital contact), no matter how slight the penetration or contact. This includes:
- any sexual intercourse,
- however slight,
- with any object,
- by a person upon another person,
- that is without consent and/or by force.
Sexual exploitation includes non-consensual or abusive conduct that takes sexual advantage of another person, for his or her own advantage or benefit, or to benefit/advantage someone other than the individual being exploited, and does not constitute any other sexual misconduct offense addressed in this policy.
Sexual harassment is harassment that occurs in one of two ways: Quid Pro Quo and hostile environment.
- Quid Pro Quo Harassment – Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, by a person having power or authority over another, when submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating, evaluating, or providing a benefit to an individual’s education or employment development or performance.
- Hostile Environment Harassment – When sexual harassment is severe, persistent or pervasive, and objectively offensive (unreasonably interferes with, denies, or limits someone’s ability to participate in or benefit from the institution’s education or employment programs).
- Recklessly engaging in a course of conduct targeted at a specific person, which would cause a reasonable person in the circumstances of the targeted person to fear for such person’s safety, or the safety of a member of such person’s immediate family and the targeted person is actually placed in such fear;
- Engaging in a course of conduct targeted at a specific person with knowledge that the course of conduct will place the targeted person in fear for such person’s safety or the safety of a member of such person’s immediate family; or
- After being served with, or otherwise provided notice of any protected order…that prohibits contact with a targeted person, recklessly engaging in at least one act listed in subsection (f)(1) that violates the provisions of the order and would cause a reasonable person to fear for such person’s safety, or the safety of a member of such person’s immediate family and the targeted person is actually placed in such fear.
As used in [the definition of stalking]: “Course of conduct” means two or more acts over a period of time, however short, which evidence a continuity of purpose. A course of conduct shall not include constitutionally protected activity nor conduct that was necessary to accomplish a legitimate purpose independent of making contact with the targeted person. A course of conduct shall include, but not be limited to, any of the following acts or a combination thereof:
- Threatening the safety of the targeted person or a member of such person’s immediate family;
- Following, approaching, or confronting the targeted person or a member of such person’s immediate family;
- Appearing in close proximity to, or entering the targeted person’s residence, place of employment, school or other place where such person can be found, or the residence, place of employment, or school of a member of such person’s immediate family;
- Causing damage to the targeted person’s residence or property or that of a member of such person’s immediate family;
- Placing an object on the targeted person’s property or the property of a member of such person’s immediate family, either directly or through a third person;
- Causing injury to the targeted person’s pet or a pet belonging to a member of such person’s immediate family;
- Any act of communication;
“Communication” means to impart a message by any method of transmission, including, but not limited to: Telephoning, personally delivering, sending, or having delivered, any information or material by written or printed note or letter, package, mail, courier service, or electronic transmission, including electronic transmissions generated or communicated via a computer;
“Computer” means a programmable, electronic device capable of accepting and processing data;
“Immediate family” means father, mother, stepparent, child, stepchild, sibling, spouse, or grandparent of the targeted person; any person residing in the household of the targeted person; or any person involved in an intimate relationship with the targeted person.
Sex discrimination is material, adverse treatment on the basis of sex with respect to access to or the benefits of the College’s educational programs and activities. For purposes of this policy, sex discrimination includes material, adverse treatment on the basis of gender identity or gender stereotype.
Individual that is reporting the sexual misconduct. While a third party or witness to the incident could be the one reporting the incident, this term in an investigation refers to the alleged target of the misconduct.
The responding party is the one for whom the allegations were made against. There could be one or more responding party in an investigation.
Retaliation is material, adverse action taken against a person because they engaged in the protected activity of making a report or participating in an investigation.