12.3.1. Definitions of Prohibited Conduct

12.3.1.1. “Sexual Violence” refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol. An individual also may be unable to give consent due to an intellectual or other disability. A number of different acts fall into the category of sexual violence, which may include rape, sexual assault, sexual battery, sexual intimidation and sexual coercion. All acts of sexual violence are forms of sexual harassment covered under Title IX.

12.3.1.1.1. “Sexual Assault” is actual or attempted sexual contact with another person without that person’s consent. Sexual assault includes, but is not limited to intentional touching or fondling of another person’s intimate parts without that person’s consent; other intentional sexual contact with another person without that person’s consent; and coercing, forcing, or attempting to coerce or force a person to touch another person’s intimate parts without that person’s consent.

12.3.1.1.2. “Rape” is penetration, no matter how slight, of the vagina or anus of a person by any body part of another person or by an object; or the penetration, no matter how slight, of the mouth of a person by a sex organ of another person, without that person’s consent.

12.3.1.2. Sexual Harassment” is conduct that creates an intimidating, offensive, or hostile working or learning environment or that unreasonably interferes with work or academic performance based on a person’s protected status, including sex, sexual orientation, gender identity, or gender expression. All such conduct is unlawful. “Sexual harassment” is any unwelcome sexual advance, request for sexual favors, or other unwelcome conduct of a sexual nature, whether verbal, physical, graphic, or otherwise.

12.3.1.3. “Gender-Based Harassment” is harassment based on sex, sexual orientation, gender identity, or gender expression, which may include acts of aggression, intimidation, or hostility, whether verbal, physical, graphic, or otherwise. To qualify as gender-based harassment, the conduct need not involve conduct of a sexual nature.

12.3.1.4. “Stalking” occurs when a person engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress. A course of conduct consists of two or more acts, including, but not limited to, acts in which a person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about another person, or interferes with another 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.

12.3.1.5. “Intimate Partner Violence” includes any act of violence or threatened act of violence against a person who is, or has been involved in, a sexual, dating, spousal, domestic, or other intimate relationship with the respondent. The University will not tolerate intimate partner violence of any form. Intimate partner violence can encompass a broad range of behavior including, but not limited to, physical violence, sexual violence, psychological and/or emotional violence, and economic abuse. It may involve one act or an ongoing pattern of behavior. Intimate partner violence may take the form of threats, assault, property damage, violence or threat of violence to one’s self, one’s sexual or romantic partner, or to the family members or friends of the sexual or romantic partner. Intimate Partner Violence affects individuals of all sexes, sexual orientations, gender identities, gender expressions, races and social or economic backgrounds.

12.3.1.5.1. “Dating Violence” is a form of intimate partner violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the person subjected to such violence. Whether there was such a relationship will be determined based on, among other factors, the complainant’s and respondent’s statements, and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the parties involved in the relationship.

12.3.1.5.2. “Domestic Violence” is a form of intimate partner violence and is a felony or misdemeanor crime of violence committed by: (1) a current or former spouse or intimate partner of the victim; (2) a person with whom the victim shares a child in common; (3) a person who is cohabiting with, or has cohabitated with, the victim as a spouse or intimate partner; (4) a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or (5) any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence has occurred.

12.3.1.6. “Sexual Exploitation” occurs when a person takes sexual advantage of another person for the benefit of anyone other than that person without that person’s consent. Examples of sexually exploitive behavior include: prostituting another person, recording images (video, photograph) or audio of another person’s sexual activity, intimate body part, or nakedness without that person’s consent; distributing images or audio of another person’s sexual activity, intimate body parts, or nakedness when the distributor knows, or should have known, the person depicted in the images or audio did not give consent to such disclosures and/or objected to such disclosure; viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have the reasonable expectation of privacy, without that person’s consent and for the purpose of arousing or gratifying sexual desire.