Definitions

The Student Conduct Code puts into words the standards of how students should treat each other. These definitions are for the purpose of understanding the Student Conduct Code in relation to sexual violence. Understanding these definitions may help you understand how a experience you have had may correspond to a violation of the Conduct Code.

Harassment

Harassment because of another person’s race, ethnicity, color, gender, gender identification, national origin, age, religion, marital status, disability, veteran status, sexual orientation, or for other reasons.

Harassment means:

a. Intentionally subjecting a person to offensive physical contact, or
b. Unreasonable insults, gestures, or abusive words, in the immediate presence, and directed to, another person that may reasonably cause emotional distress or provoke a violent response (including but not limited to electronic mail, conventional mail and telephone). Except to the extent such insults, gestures or abusive words are protected expression; or
c. Other types of prohibited discrimination, discriminatory harassment, and sexual harassment as defined by law.

Unwanted Contact/ Stalking

Unwanted contact, defined as repeatedly or persistently contacting another person when the contacting person knows or should know that the contact is unwanted by the other person; and

a. The contact would cause a reasonable person fear of physical harm; or
b. The contacting person knows or should know that the contact substantially impairs the other person’s ability to perform the activities of daily life.

Sexual Misconduct

a. A mission of the Student Conduct Code is to encourage good decision-making, personal integrity, and interpersonal behavior that is cooperative rather than coercive and that respects the rights of others. Sexual misconduct violates these values, an, is committed when a student engages in sexual behavior as described in subsection b.

A complaint alleging Sexual Misconduct may be filed wherever Sexual Misconduct:
i. materially interferes with another person’s academic performance or participation in University-sponsored or supervised activities, or performance of University employment; or
ii. Is committed on University-owned or controlled property, or at University sponsored or supervised activities; or
iii. Demonstrates reasonable threat to the health or safety of the campus community or the alleged student survivor.

b. Sexual Misconduct means:

i. Unwanted penetration is penetration of another person, or causing the penetration of another person, when one:

a) does not first obtain explicit consent from that person; or
b) knows or should have known the person was incapable of consent by reason of mental disorder, mental incapacitation, or physical helplessness.

ii. Nonconsensual personal contact occurs when a student subjects another person to contact of a sexual nature when a reasonable person would know that such contact would cause emotional distress:

a) without having first obtained explicit consent or
b) when he or she knows or should have known the person was incapable of consent by reason of mental disorder, mental incapacitation, or physical helplessness.

iii. Sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that interferes with work or academic performance because it has created an intimidating, hostile, or degrading environment and would have such an effect on a reasonable person of the alleged complainant’s status when the conduct is unwelcome and sufficiently severe or pervasive that it deprives that person of benefits of the University’s educational environment.

d. The following definitions apply to sexual misconduct:

i. “Explicit Consent” means voluntary, non-coerced and clear communication indicating a willingness to engage in a particular act. “Explicit consent” includes an affirmative verbal response or voluntary acts unmistakable in their meaning. Consent to one form of sexual activity cannot automatically taken as consent to any other sexual activity. A “no” always means that consent is not present, whereas a “yes” to one act at one time does not mean “yes” to other acts or to the same act at other times. Voluntarily making oneself incapacitated does not mean one is giving consent to any form of sexual activity.

ii. “Penetration” means any degree of insertion, however slight, of the penis or any object into the vagina or anus, or the penis into the mouth.

iii. “Contact of a sexual nature” means the touching of the genitalia, anus, buttocks or breasts of a person or causing such person to touch the genitalia, anus, buttocks or breasts of another.

iv. “Mental disorder” means that a person suffers from a mental disease or disorder that renders that person incapable of appraising the nature of the conduct of another person.

v. “Mental incapacitation” means that a person is rendered incapable of appraising or controlling one’s own conduct at the time of the alleged offense because of the influence of a controlled or other intoxicating substance or because of any act committed upon the person without consent.

vi. “Physical helplessness” means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

e. Sexual gratification or pleasure of any party involved is not relevant to an offense in this section.

f. A student who is violating provisions of the alcohol or drug policy in the Student Conduct Code on a certain occasion is still able to make a complaint regarding another person’s sexual misconduct on the same occasion.