What is Gender Based Misconduct?
Below please find the description of Gender-based Infractions under the University’s Non-Discrimination Complaint Reporting and Resolution Procedure and Non-Discrimination Policy. These descriptions may help you in identifying witnesses and evidence that may be helpful in documenting your complaint.
Individual Student Infractions:
Harassment is generally defined as conduct (whether physical, verbal, graphic or written) which is related to a person’s status in one of the protected classes listed in the University’s Notice of Nondiscrimination and which is sufficiently severe, pervasive, or persistent so as to create an intimidating, hostile, or offensive environment for working or learning, thereby interfering with or limiting the ability of that person to participate in or benefit from the services, activities, or privileges provided by the University. Harassment is a form of prohibited discrimination.
Disability Harassment constitutes prohibited discrimination based on disability. Examples include, but are not limited to, students who tease, ridicule, or taunt other students because of their disability or employees who refuse to provide a disabled student’s approved accommodations.
Gender-Based Harassment is another form of sex discrimination. This type of harassment does not involve explicit sexual behavior, but includes epithets, slurs, and negative stereotyping of men or women, directed at female or male students, employees, or others.
Racial Harassment constitutes prohibited discrimination on the basis of race. Examples include, but are not limited to, students who direct racial epithets toward another student on account of their race or employees who apply disparate treatment toward a student or another employee on account of their race.
Sexual Harassment is a form of sex discrimination which may violate Title VII of the Civil Rights Act of 1964 (employee rights) or the Title IX of the Education Amendments of 1972 (employee and student rights). The following definition adopts the 1980 Equal Employment Opportunity Commission guidelines to the academic setting:
- Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:
- Submission is made an expressed or implied term or condition of employment or status in a class, program, or activity;
- Submission to or rejection of the behavior is used to make an employment or educational decision (such as hiring, promotion or grading a course);
- The conduct may unreasonably interfere with a person’s work or educational performance or creates an intimidating, hostile or offensive environment for working or learning.
Both men and women can be sexually harassed. Sexual harassment can occur between equals, but most often occurs in situations where one person has power over another. The University’s sexual harassment policy applies to all members of the University community: students, faculty, and staff, in both on- and off-campus educational settings when involved in University employment, classes, programs, or activities.
Nonconsensual sexual intercourse is any sexual intercourse involving anal, oral or vaginal penetration, meaning vaginal penetration by a penis, object, tongue or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact), however slight, by a person upon another person, without consent.
Nonconsensual sexual contact is any intentional sexual touching, meaning intentional contact with the breasts, buttocks, groin, genitals, mouth or other orifice, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts or any intentional body contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice, however slight, by a person upon another person, without consent.
Consent must be knowing, clear and voluntary. Someone who is incapacitated cannot consent. Silence or absence of resistance does not establish consent. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent must be obtained at the time of the specific activity and can be withdrawn at any time. Lack of consent or withdrawal of consent may be communicated by words or non-verbal acts. Coercion and force, or a threat of either, invalidates consent. Consent is not valid if:
- Given by a person who lacks the mental capacity to authorize the conduct and such mental incapacity is manifest or known to the actor; or
- Given by a person who by reason of youth, mental disease, or defect, intoxication, a drug-induced state, or any other reason is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct; or
- Induced by force, duress, or deception
Sexual exploitation occurs when one person takes nonconsensual or abusive sexual advantage of another person for his/her own advantage of benefit of for the advantage or benefit of anyone other than the person being exploited and which behavior does not constitute any other form of sexual misconduct. Examples of sexual exploitation may include, but are not limited to the following activities:
- Invasion of sexual privacy;
- Prostituting another person;
- Taping or recording of sexual activity, without the consent of all participants;
- Going beyond the boundaries of consent to sexual activity (e.g., letting your friends hide and watch you engaging in sexual activity);
- Engaging in voyeurism;
- Knowingly transmitting an STI, STD, venereal disease or HIV to another person;
- Inducing another to expose their genitals.
Sexual exploitation is a form of prohibited discrimination.
Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety of others, or would cause a reasonable person to suffer substantial emotional distress. For purposes of this definition –
- “Course of conduct” means two or more acts, including, but not limited to, acts 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;
- “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling; and
- “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim.
Public Exposure includes intentionally exposing one’s intimate body parts, public urination, public defecation, and public sex acts.
Providing alcohol or other drugs to another student for the purpose of gaining sexual access.