
Prohibited Conduct
The Title IX Policy prohibits sexual harassment as defined by Title IX. These acts shall also be referred to as Prohibited Conduct under the Policy:
“Quid Pro Quo” Sexual Harassment:
A university employee conditions the provision of an aid, benefit, or service of the university on an individual’s participation in unwelcome sexual conduct.
“Hostile Environment” Sexual Harassment:
Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university’s education program or activity.
Sexual Assault:
Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. Specifically, this includes, but is not limited to:
- Rape—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, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent incapacity.
- Fondling—The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent incapacity.
- Incest— Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape— Non-forcible sexual intercourse with a person who is under the statutory age of consent.
Dating Violence:
Any violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
The existence of such a relationship shall be determined based on a consideration of the following factors:
- the length of the relationship,
- the type of relationship, and
- the frequency of interaction between the persons involved in the relationship.
This 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. Emotional and psychological abuse do not constitute violence for the purposes of this definition.
Domestic Violence:
Any felony or misdemeanor crimes of violence committed–
- by a current or former spouse or intimate partner of the victim;
- by a person with whom the victim shares a child in common;
- by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
- by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the felony or misdemeanor crime of violence occurred; or
- by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws in which the felony or misdemeanor crime of violence occurred.
Emotional and psychological abuse do not constitute violence for the purposes of this definition.
Stalking:
Engaging in a course of conduct, on the basis of sex, 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 purposes of this definition,
- Course of conduct means two or more acts, including 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 an individual, or interferes with an individual’s property.
- Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.