Prohibited Sexual Misconduct

Sexual harassment as defined by Title IX and its implementing regulations means alleged conduct on the basis of sex that satisfies one or more of the following:

1. Unwelcomed conduct that constitutes “Sexual Assault,” “Dating Violence,” “Domestic Violence,” or “Stalking” as those terms are defined by federal law and as set forth in the Title IX Sexual Misconduct Policy and Grievance Procedures.
2. Unwelcomed conduct that conditions the providing of any assistance, benefit, or service of SVU on the other person’s participation in unwelcomed sexual conduct (a quid pro quo arrangement between an employee and student).
3. Unwelcomed conduct determined to be so severe, pervasive, and objectively offensive from the perspective of a reasonable person that it effectively denies a person equal access to an Education Program and/or Activity of SVU.

Examples of sexual harassment include but are not limited to the following:

• Stereotypical gender-based remarks
• Sexually suggestive or offensive joking, flirting, or comments
• Derogatory or demeaning comments concerning gender
• Sexually oriented comments about an individual’s body
• Sexually oriented verbal abuse
• Unwelcome and intentional touching
• Sending sexually explicit or offensive text messages or other communications

Sexual exploitation occurs when an individual takes unjust 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. Examples of sexual exploitation include, but are not limited:

• Voyeurism: Spying on people engaged in intimate behaviors considered to be private
• Administering alcohol, drugs or other chemicals to another person without their consent
• Taking pictures, video, or audio recording another in a sexual act or in any other private activity without the consent of all involved in the activity
• Disseminating pictures or videos of sexual nature without an individual’s consent

Indecent exposure occurs when an individual exposes the private or intimate parts of the body in public or in private premises when the exposure is without the viewers’ consent or can be readily observed.

The following definitions of stalking, domestic violence, and dating violence are taken from the New tab, links to the Violence Against Women Act PDF Violence Against Women Act.

Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to (1) fear for his or her safety or the safety of others; or (2) suffer substantial emotional distress.

Course of conduct means two or more acts, including, but not limited to, 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, a person, or interferes with a person’s property.

A felony or misdemeanor crime 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 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 of the jurisdiction in which the crime of violence occurred.

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 the reporting party’s statement with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Sexual violence refers to physical sexual acts perpetrated against a person’s will, without the person’s consent, or where the person is incapable of giving consent because of the use of drugs or alcohol, the victim’s age, disability, or unconsciousness. Consent is a voluntary agreement to engage in sexual activity. Consent cannot be implied by silence. Consent is active, not passive.