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Intimate partner violence, also referred to as domestic violence or dating violence, means violence committed against a person who is a spouse or former spouse, a cohabitant or former cohabitant, a person with whom they have a child, or with whom they have a previous or current dating, romantic, intimate, or sexual relationship.
Violence means causing physical harm to the person or to their possessions. Intimate partner violence may also include non-physical conduct that would cause a reasonable person to be
Stalking is a course of conduct directed at another person that would cause a reasonable person (i) to fear for their safety or the safety of others, or (ii) to suffer substantial emotional distress.
“Course of conduct” means behavior involving two or more acts in which the Respondent directly or indirectly monitors, follows, observes, threatens, surveils, communicates to or about the Reporting Party, or interferes with the Reporting Party’s property.
“Substantial emotional distress” means significant mental suffering or anguish.
Stalking includes “cyber-stalking.” Cyber
Exposure of the genitals to another without that person’s consent is prohibited conduct.
The privacy and dignity of all persons in the university community must be zealously guarded. The following conduct is prohibited:
(a) Observing or recording by any means the nudity or sexual activity of another without that person’s consent;
(b) Allowing another to observe or record the nudity or sexual activity of another without that person’s consent;
(c) Sharing images or recordings of the nudity or sexual activity of another without that person’s consent.
Reasonable belief in affirmative consent is a defense to sexual assault and non-consensual sexual contact. The totality of circumstances known and reasonably should have been known are evaluated in determining whether a Respondent’s belief is actual and reasonable.
Belief in affirmative consent is not reasonable if it arose from a Respondent’s intoxication or recklessness. Further, such belief is not reasonable if steps are not taken to determine affirmative consent.
Consent cannot be the product of incapacitation. A person who is incapacitated is not capable of giving valid, affirmative consent.
Incapacitation means a person cannot understand the fact, nature, or extent of the sexual activity. An incapacitated person lacks the physical and mental capacity to make informed, reasonable judgements about whether or not to engage in sexual activity. A person who is incapacitated may not be able to understand where they are, whom they are with, how they got there, or
Consent cannot be the product of physical force, threats, or coercion.
Coercion is conduct, including intimidation or express/implied threats of immediate or future physical, emotional, financial or reputational harm to the Reporting Party or another, which would place a reasonable person in fear they will be injured or harmed if they do not submit.
Consent must be affirmative. “Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is positive cooperation in act and attitude made with knowledge and agreement to the nature of the act.
It is the responsibility of each person involved to ensure they have the affirmative consent of the other(s) to engage in sexual activity. Affirmative consent must be ongoing throughout the sexual activity and can be revoked at any time.
Lack of protest or resistance does not
Sexual assault is penetration, however slight, of the vagina, anus, or mouth by a body part or an object, without consent.
Sexual contact is intentional contact, direct or indirect, without consent (a) of the breasts, genitals, buttocks, or groin of another, (b) of another with any of these body parts; or (c) making another touch you or themselves with or on any of these body parts without their consent.
Acts by strangers, acquaintances, and intimate partners are covered equally under this policy.
No student may commit harassment based on a protected characteristic. Harassment is verbal or physical conduct based on a protected characteristic which:
(a) Creates a hostile environment.
A “hostile environment” exists when such conduct is sufficiently severe, persistent or pervasive that it unreasonably (i) interferes with, (ii) limits, or (iii) deprives an individual from participating in or benefitting from the university’s education or employment programs, activities, or living environment.
In evaluating whether a hostile environment exists, the totality of known circumstances, including the