Sexual Misconduct Policies

1. Quid Pro Quo Harassment: An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct.
2. Sexual Harassment: Unwelcome conduct determined by a reasonable person to be so severe and pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity.

Sexual Assault is any sexual act directed against another person, without consent of the complainant, including instances where the complainant is incapable of giving consent. This violation includes attempting a sexual assault and/or one or more of the following types of sexual assault.

1. Forcible Rape is 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 (male or female), without the consent of the complainant.
2. Forcible Sodomy is oral or anal sexual intercourse with another person, forcibly and/or against that person’s will (non-consensually) or not forcibly or against the person’s will in instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
3. Sexual Assault With An Object: To use an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will (non-consensually) or not forcibly or against the person’s will in instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
4. Forcible Fondling: The touching of the private body parts of another person (buttocks, groin, breasts) for the purpose of sexual gratification, forcibly and/or against that person’s will (non-consensually) or not forcibly or against the person’s will in instances where the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
5. Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
6. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent [age in state where occurred].

Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant.

• The existence of such a relationship shall be determined based on the Complainant’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.
• For the purposes of this definition,
  • Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
  • Dating violence does not include acts covered under the definition of domestic violence.

Domestic Violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction receiving grant funding and, in the case of victim services, includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior,  by a person who: 

• is a current or former spouse or intimate partner of the complainant, or person similarly situated to a spouse of the complainant; 
• is cohabitating, or has cohabitated, with the complainant as a spouse or intimate partner; 
• shares a child in common with the complainant; 
• or commits acts against a youth or adult complainant who is protected from those acts under the family or domestic violence laws of the jurisdiction. 

Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person...

• to fear for the person’s safety or the safety of others; or
• suffer substantial emotional distress.
• For the purpose of this definition...
  • course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
  • reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
  • substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or other University policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in a Title IX investigation or other University investigation, proceeding, or hearing.

• Note 1: Acts of alleged retaliation should be reported immediately to the Title IX Coordinator, the Chief Student Affairs Officer, Dean of Students, Human Resources, or Campus Safety and will be promptly investigated. The University will take all appropriate actions to protect individuals who fear that they may be subjected to retaliation.
• Note 2: Charges against an individual for code of conduct/employee handbook violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation.
• Note 3: Charging an individual with a code of conduct/employee handbook violation for making a materially false statement in bad faith in the course of a grievance proceeding does not constitute retaliation, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

1. Quid Pro Quo Harassment: An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct.
2. Sexual Harassment: Unwelcome conduct determined by a reasonable person to be so severe and pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity.

Non-Consensual Sexual Intercourse is defined as any sexual penetration or intercourse (anal, oral or vaginal), however slight, with any object, by a person upon another person, that is without consent and/or by force.

• Note: “Sexual penetration” includes actual or attempted vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation by mouth-to-genital contact or genital-to-mouth contact (see Statement on Consent below).

Non-Consensual Sexual Contact is defined as any intentional sexual touching or attempts, however slight, with any object, by a person upon another person that is without consent and/or by force.

• Note: “Sexual touching” includes any actual or attempted bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another individual, or any other bodily contact in a sexual manner (see Statement on Consent below).

Sexual Exploitation occurs when one person takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute sexual harassment.

Examples of sexual exploitation include, but not limited to...

• Invasion of sexual privacy.
• Non-consensual digital, video, or audio recording of nudity or sexual activity.
• Unauthorized sharing or distribution of digital, video, or audio recording of nudity or sexual activity.
• Engaging in voyeurism.
• Going beyond the boundaries of consent (such as letting your friend hide in the closet to watch you have consensual sex).
• Knowingly exposing someone to or transmitting an STI, STD, or HIV to another person.
• Intentionally or recklessly exposing one’s genitals in nonconsensual circumstances or inducing another to expose their genitals.
• Sexually-based stalking and/or bullying may also be forms of sexual exploitation.

Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person...

• to fear for the person’s safety or the safety of others; or
• suffer substantial emotional distress.
• For the purpose of this definition...
  • course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
  • reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
  • substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant.

• The existence of such a relationship shall be determined based on the Complainant’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.
• For the purposes of this definition,
  • Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
  • Dating violence does not include acts covered under the definition of domestic violence.

Domestic Violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction receiving grant funding and, in the case of victim services, includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior,  by a person who: 

• is a current or former spouse or intimate partner of the complainant, or person similarly situated to a spouse of the complainant; 
• is cohabitating, or has cohabitated, with the complainant as a spouse or intimate partner; 
• shares a child in common with the complainant; 
• or commits acts against a youth or adult complainant who is protected from those acts under the family or domestic violence laws of the jurisdiction. 

No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or other University policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in a Title IX investigation or other University investigation, proceeding, or hearing.

• Note 1: Acts of alleged retaliation should be reported immediately to the Title IX Coordinator, the Chief Student Affairs Officer, Dean of Students, Human Resources, or Campus Safety and will be promptly investigated. The University will take all appropriate actions to protect individuals who fear that they may be subjected to retaliation.
• Note 2: Charges against an individual for code of conduct/employee handbook violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation.
• Note 3: Charging an individual with a code of conduct/employee handbook violation for making a materially false statement in bad faith in the course of a grievance proceeding does not constitute retaliation, provided, however, that a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.

The detaining of a person without the person’s consent and/or against the person’s will to leave is prohibited.

• “Improper Restraint or Detention” can apply to any act in which a person intentionally restricts another person’s freedom or liberty to move or to leave without consent. This can occur on or off campus, in a building, on the streets, in a vehicle, or any other place in which a person is restrained, against their will, from moving, whether physically, by threat, or intimidation.
• This can also include but is not limited to, removing that person’s means of leaving (e.g. taking and/or holding someone’s keys, wallet, phone, or other means that would provide that individual with the means to leave the vicinity).
• Note: This policy applies to restricting a person from leaving a resident hall room and/or failing to leave a resident’s room when requested to do so. However, this policy does not apply to authorized personnel acting within the scope of their responsibilities (e.g. Campus Safety Officers, Resident Hall Staff).

Lying or fraudulent behavior in, or with regard to, any transaction with the University, whether oral or written, is prohibited, including but not limited to misrepresenting the truth before a hearing of the University or knowingly making a false statement orally or in writing to any University official.

Reprimand: An official written notice that the student has violated University policies and that more severe conduct action will result should the student engage in additional violations while enrolled at the University.

University Probation: Any subsequent violation of the University Sexual Misconduct Policy during the specified probationary period will result in suspension or expulsion.

Points: Points are awarded for violations as listed in the “Sexual Misconduct Sanction Matrix for Students”. Yearly points awarded for violations occurring after room selection of the current year carry over to the next academic year. Current resident students who accumulate more than 19 points in the current year are not eligible to participate in the following year's room selection process. All accumulated points affect a student's housing priority. All students who accumulate a yearly student conduct point total of more than 24 points are subject to immediate resident hall suspension or expulsion or University suspension or expulsion.

• Note: It will not be necessary for points to be awarded when the sanction results in either suspension or expulsion from the University.

Suspension: Separation from the University for a specified period of time after which the student is eligible to return subject to the satisfaction of specific conditions noted at the time of suspension. The student is typically required to vacate the campus within 24 hours of notification of the action, though this deadline may be extended upon application to the Title IX Coordinator. During the suspension period, the student is banned from University property, functions (on and off campus), events, and activities unless the student receives prior written approval from the Title IX Coordinator.

Expulsion: This sanction is a permanent separation from the University. The student is banned from University property and the student’s presence at any University-sponsored activity or event (on or off campus) is prohibited. This action may be enforced with a trespass action, as necessary.

Education or Remediation: Assigned action intended to educate or correct behavior that resulted in a violation of the University Sexual Misconduct Policy. The assigned action may include, but is not limited to, online education program; counseling; and/or mediation.

No Contact Order (NCO): A NCO requires that both parties refrain from contacting the other party through any means (e.g. fact-to- face, in writing, through friends or other persons, electronically/social media). A NCO will stay in effect until such time as both parties are officially notified in writing that the NCO has been terminated. Violations of the NCO will be considered a form of retaliation. Following a minimum of one semester NCO, either party may petition, in writing, the Title IX Coordinator to contact the other party to terminate the NCO. If both parties agree, in writing to the Title Coordinator and the Title IX Coordinators agrees that the lifting of the NCO is appropriate, the Title IX Coordinator will notify both parties that the NCO is terminated.

• Note: At no time can either party contact the other party to lift the NCO.

Resident Hall Relocation: Relocation, for resident students, to another resident hall floor or hall.

Academic Relocation: Assignment to another academic class section or on-line class; if one is not available the respondent may be removed from that class.

Facility Ban: The inability to enter, use, or access a specific building, facility, or area of campus or off campus activity/event for a specified period of time.

Reprimand: An official written notice that the employee has violated University policies and that more severe action will result should the employee engage in additional violations while employed by the University.

University Probation: Notice that any subsequent violation of the University Sexual Misconduct Policy during the specified probationary period will result in employment termination.

Education and/or Remediation: Assigned action intended to educate or correct behavior that resulted in a violation of the University Sexual Misconduct Policy. The assigned action may include, but is not limited to, online education program; counseling; and/or mediation.

No Contact Order (NCO): A NCO requires that both parties refrain from contacting the other party through any means (e.g. fact-to- face, in writing, through friends or other persons, electronically/social media). A NCO will stay in effect until such time as both parties are officially notified in writing that the NCO has been terminated. Violations of the NCO will be considered a form of retaliation.

Facility Ban: The inability to enter, use, or access a specific building, facility, or area of campus or off campus activity/event for a specified period of time.

Suspension: Separation from the University for a specified period of time after which the employee is eligible to return subject to the satisfaction of specific conditions noted at the time of suspension. The employee is typically required to immediately vacate the campus upon notification of the action, though this deadline may be extended upon application to the Title IX Coordinator. During the suspension period, the employee is banned from University property, functions (on and off campus), events, and activities unless the employee receives prior written approval from the Title IX Coordinator. The suspension may either be a paid or unpaid suspension.

Employment Termination: This sanction is a permanent separation from the University. The employee is banned from University property and the employee’s presence at any University-sponsored activity or event (on or off campus) is prohibited. This action may be enforced with a trespass action, as necessary.