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Definitions

                    

Discrimination, Harassment, Non-Title IX Sexual Misconduct Prohibited Conduct

A.“Discrimination” means any disparate treatment of an individual based on actual or perceived membership in a class protected by law or policy (hereafter, “protected status”) which has an adverse impact sufficient to alter the terms and conditions of an individual’s academic, employment, or other University status or opportunity.

B. “Harassment (Hostile Environment)” means unwelcome verbal, nonverbal or physical conduct based on an actual or perceived membership in a class protected by law or policy when is:

  1. sufficiently severe or pervasive to alter an individual’s working or academic conditions;
  2. creates a hostile or abusive working, living or academic environment; or
  3. is sufficiently severe or pervasive to limit an individual’s ability to participate in or benefit from an educational program or activity. 

Factors which may be considered include the frequency and severity of the unwelcome conduct; whether it is physically threatening or humiliating; and whether it unreasonably interferes with an individual’s work or academic performance. 

C. Retaliation: Intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by any state or federal anti-discrimination law 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.  

D. Other Sexual Misconduct, includes: 

1. Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.  

2. Domestic Violence: A felony or misdemeanor crime of violence committed by:  

3. Stalking:Includes engaging in a course of conduct directed at a specific person that would cause a reasonable person to:  

For the purposes of this definition:  

       4. Gender-based harassment, including unwelcome conduct of a nonsexual nature based on a student’s actual or perceived sex, sexual orientation, gender identity, gender expression, and nonconformity with gender stereotypes.* 

       5. Sexual Assault means physical sexual acts committed when consent is not received or when a person is physically or mentally unable to give consent as defined by this Policy, including: 

6. Sexual Exploitation occurs when an individual takes non-consensual, unjust or abusive sexual advantage of another; for their own advantage or benefit; or to benefit or advantage anyone other than the one being exploited; and that behavior does not otherwise constitute sexual assault or sexual harassment. Sexual exploitation includes, but is not limited to: 

7. Sexual Harassment means unwelcome verbal, nonverbal or physical conduct of a sexual nature when:  

            A. Quid Pro Quo 

    1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic advancement; 
    2. submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual; 

            B. Hostile Environment such conduct is: 

    1. sufficiently severe or pervasive to alter an individual’s working or academic conditions; 
    2. creates a hostile or abusive working, living or academic environment; or 
    3. is sufficiently severe or pervasive to limit an individual’s ability to participate in or benefit from an educational program or activity. 
    4. Factors which may be considered include the frequency of the unwelcome conduct; its severity; whether it is physically threatening or humiliating; and whether it unreasonably interferes with an individual’s work or academic performance. 

Examples of conduct that may constitute sexual harassment as defined above may include a severe, persistent or pervasive pattern of unwelcome conduct that includes one or more of the following: 

TITLE IX SEXUAL HARASSMENT includes:  

Title IX Sexual harassment means conduct on the basis of sex occuring within the United States within the University’s program or activity that satisfies one or more of the following:  

    A. 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 (also referred to as quid pro quo harassment).  

    B. 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 recipient’s education program or activity 

    C. Sexual and Interpersonal Violence as defined below:  

    1. Sexual Assault: Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. 
      1. Non-consensual Sexual Contact/Fondling: The intentional touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age and/or because of their temporary or permanent mental incapacity. 
      2. Non-consensual Sexual Intercourse/Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. 
      3. Incest: Including non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. 
      4. Statutory Rape: Including non-forcible sexual intercourse with a person who is under the statutory age of consent.  
    2. Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.  
      1. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.  
      2. For the purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.  
      3. Dating violence does not include acts covered under the definition of domestic violence. 
    3. Domestic Violence: A felony or misdemeanor crime of violence committed by:  
      1. A current or former spouse or intimate partner of the victim;  
      2. A person with whom the victim shares a child in common;  
      3. A person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;  
      4. 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;  
      5. 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  
    4. Stalking: 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  

For the purposes of this definition:  

5. Retaliation: Intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complain, testifies, assisted, or participated ore refused to participate in any manner in an investigation, or hearing under Title IX.