Definitions

Sexual harassment consists of unwelcome verbal or physical conduct of a sexual or nonsexual nature that is directed toward a person because of the person's sex when:

1 submission to the conduct is made either explicitly or implicitly, a term or condition of a person's employment or education, or the person's submission to or rejection of the conduct if used as a basis for a decision affecting the person's employment or education (quid pro quo harassment); or

2 the conduct has the purpose or effect of unreasonably interfering with a person's work or educational performance or creating an intimidating, hostile, or offensive working or educational environment (hostile environment harassment).

Sexual misconduct is defined as actual or attempted sexual activity that is forced upon another without the clear consent of that person. Sexual misconduct may vary in its severity and can range from unwanted touching or physical contact of a personal nature to unwanted, coerced or forced penetration. Sexual misconduct can include, but is not limited to, indecent liberties, rape and sexual exploitation.

Indecent liberties is the knowing sexual contact with another person by forcible compulsion or without that person's consent. Sexual contact includes but is not limited to, sexual intercourse, penetration of an orifice (anal, oral or vaginal) with the penis, finger or other object, intentional touching of the genitals, buttocks or breasts, or coercion to force someone else to touch one's genitals, buttocks or breasts. Prohibited sexual contact can occur over clothing.

Rape is any sexual intercourse (anal, oral or vaginal), however slight, with any object, by a man or a woman, without consent. Any force, threat, coercion, manipulation, or impairment because of drug or alcohol consumption may reduce capacity to give consent. The same definition applies regardless of whether the assailant is a stranger or an acquaintance.

Sexual exploitation involves taking non-consensual or abusive sexual advantage of another. Examples of sexual exploitation include, but are not limited to, prostitution, electronic recording or photography with knowledge and consent of all parties, voyeurism, transmission of human immunodeficiency virus (HIV) or other sexually transmitted diseases (STDs), in inducing incapacitation with the intent to rape or sexually assault.

Consent is defined as verbal agreement and positive physical cooperation in the course of mutually agreed upon sexual activity. The person giving consent must act freely, voluntarily and understand the nature of consent. Consent may not be given by a minor or by a person who suffers from mental incompetence or intoxication. Lack of protest or silence does not imply consent. The person who wants to engage in the specific sexual activity or conduct is responsible for obtaining consent to make sure that he or she has consent from the other party(ies). A prior relationship is not sufficient to indicate consent. Consent must be present throughout and can be revoked at any time. (This paragraph is taken from the Campus Policy Prohibiting Harassment & Sexual Misconduct.For more information on consensual sexual relationships, please visit section II.E.)