Policy and Definitions

Sex-Based Discrimination means actions or policies that have the purpose or effect of treating a person differently and adversely because of their sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, or gender identity.

Sexual Exploitation occurs when a person takes non-consensual or abusive sexual advantage of another or to benefit or advantage anyone other than the one being exploited and that behavior does not otherwise constitute another form of sexual misconduct. Examples of sexual exploitation include but are not limited to: engaging in sexually exploitive behavior not otherwise prohibited by this Policy, prostitution, non-consensual video or audio taping of sexual or other private activities exceeding the boundaries of consent (e.g. permitting others to hide in closest and observe sexual activity, videotaping a person using the bathroom). Sexual exploitation shall include non-consensual dissemination of photos, video or text that occurs when a person takes abusive advantage of another to benefit or sexually exploit that person.

Sex-Based Harassment means conduct on the basis of sex that satisfies one or more of the following:

• An employee, agent or other person authorized by the College to provide an aid, benefit or service under the College’s education program or activity explicitly or implicitly conditioning the provision of such aid, benefit, or service on a person’s participation in unwelcome sexual conduct (this type of sexual harassment is also referred to as quid pro quo harassment);
• Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the College’s education program or activity (this type of sexual harassment is also referred to as hostile environment harassment); or
• Sexual Assault, Dating Violence, Domestic Violence, and Stalking (as defined in the uniform crime reporting system of the Federal Bureau of Investigation), or Sexual Exploitation. 

Sexual assault is a form of Sex-Based Harassment and means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. Sexual Assault means:

• The carnal knowledge of a person, without the consent of that person, including instances where the person is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity;
• Oral or anal sexual intercourse with another person, without the consent of that person, including instances where the person is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity;
• To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of that person, including instances where the person is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity;
• Fondling, that is, the touching of the private body parts of another person for the purpose of sexual gratification without the consent of that person, including instances where the person is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity;
• Incest, that is, nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law in the state where the conduct occurs; and
• Statutory Rape, that is, nonforcible sexual intercourse with a person who is under the statutory age of consent in the state where the conduct occurs. 

Stalking means engaging in a course of conduct 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.

Course of conduct means two or more acts, including, but not limited to, acts in which the respondent 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. Reasonable person means a reasonable person under similar circumstances and with similar identities to the complainant. 

Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. 

Such behaviors or activities may include, but are not limited to, non-consensual communication (face to face, telephone, e-mail, texting, and social media), threatening or obscene gestures, surveillance, pursuit, following, visiting outside an individual’s classroom or residence, sending gifts or making threats.

Please note that this definition of Stalking includes behavior that does not occur on the basis of sex. 

Dating violence meaning violence committed by a person:

• Who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and
• Where the existence of such a relationship shall be determined based on a consideration of the following factors:

• • The parties’ statements;
  • The length of the relationship;
  • The type of relationship; and
  • The frequency of interaction between the persons involved in the relationship.

Domestic violence meaning felony or misdemeanor crimes committed by a person who:

• Is a current or former spouse or intimate partner of the Complainant under the family or domestic violence laws of the applicable jurisdiction, or a person similarly situated to a spouse of the Complainant;
• Is cohabitating, or has cohabitated, with the Complainant as a spouse or intimate partner;
• Shares a child in common with the Complainant; or
• Commits acts against a youth or adult Complainant who is protected from those acts under the family or domestic violence laws of the jurisdiction where the acts occurred.

Confidential counseling, support and referral services are available through the Hamel Health and Counseling Center. Students can also seek information and help through the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or www.thehotline.org.