For purposes of university policy, the term “sexual misconduct” refers to unwelcome behavior of a sexual nature committed without effective consent. This includes but is not limited to the following:
- Sexual Harassment is unwelcome conduct of a sexual nature that is severe, pervasive, or persistent enough to impair a person's ability to participate in university programs or activities. It can include verbal or non-verbal communication or physical conduct. Examples of prohibited sexual harassment include, but are not limited to (a) repeated sexual solicitations toward a person who has not indicated they are welcome; (b) conditioning favorable treatment in connection with any university program upon sexual favors; (c) threats of a sexual nature that do not rise to the level of sexual assault or domestic violence; and (d) severe, pervasive, or persistent insults or derisive comments related to sex, gender, or sexual orientation directed at a specific individual.
- Sexual Assault refers to rape or other physical sexual acts perpetrated against a person without their consent. Sexual assault includes sexual penetration or intercourse or any other physical contact of a sexual nature that occurs without consent.
- Sexual Exploitation is taking sexual advantage of another person in a way that deliberately infringes on their reasonable expectation of privacy and/or security, but does not involve actual or attempted physical contact. An example of sexual exploitation would be recording images, video or audio of another person engaged in sexual activity or in a state of undress without that person’s consent, even if the sexual activity itself is consensual.
- Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or suffer substantial emotional distress. Examples of stalking include but are not limited to physically pursuing a person against their wishes, or sending repeated, unwanted messages by electronic or other means.
- Domestic/Dating Violence refers to acts of physical violence, or threats of physical violence, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The violent act itself may or may not be sexual in nature.
The university’s Sexual Misconduct Policy is interpreted in accordance with the rights to free expression held by members of the university community. Thus, the mere expression of opinions, ideas, words or symbols that another person finds objectionable will not, without more, constitute sexual misconduct.
FAQ Section