Prohibited Conduct

The following behaviors constitute prohibited conduct under this code. After the appropriate procedures have been followed, if a responding party has been found responsible for any of these forms of conduct, they will be subject to sanctions and a reporting party will be eligible to receive appropriate remedies as described in this policy: 

A.    “Title IX Sexual Harassment” which includes conduct on the basis of sex that satisfies one or more of the following:

1.     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.     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; or

3.     Sexual Assault

B.    “Sexual Harassment” which includes unwelcome conduct of a sexual nature. Sexual harassment can include:

1.     Unwelcome sexual advances, requests for sexual favors, or other verbal, nonverbal or physical conduct of a sexual nature where such conduct is sufficiently severe or pervasive that it has the effect, intended or unintended, of unreasonably interfering with an individual’s work or academic performance or it has created an intimidating, hostile or offensive environment and would have such an effect on a reasonable person.

2.     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;

3.     Sexual Assault

C.    “Sexual Exploitation” which includes when an individual takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct or relationship violence offenses. 

D.    “Sexual Misconduct” which includes sexual conduct, or the threat of such conduct, that is predatory in nature and that a reasonable person in the circumstances would consider offensive or likely to be harmful to others. Sexual misconduct may include, but is not limited to, the exposure of one's sexual organs or the display of sexual behavior.

E.     “Sexual Assault” which includes any offense classified as a forcible or nonforcible sex offense.

F.     “Domestic Violence” which includes any felony or misdemeanor crime of violence committed by:

a.      a current or former spouse or intimate partner of the victim,

b.     a person with whom the victim shares a child in common,

c.      a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner,

d.     a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies under VAWA, or

e.      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

G.    “Dating Violence” which includes violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

H.    “Stalking” which includes engaging in a course of conduct directed at a specific person that would cause a reasonable person to (1) Fear for the person’s safety or the safety of others; or (2) Suffer substantial emotional distress.

“Retaliation” which includes any action to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured this policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct 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 report of sexual harassment, for the purpose of interfering with any right or privilege secured this policy constitute retaliation.