August 22, 2016

Intimate partner violence (Student Misconduct)

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 fearful for their safety; examples include economic abuse and behavior that intimidates, frightens, or isolates. It may also include sexual assault, sexual misconduct, or stalking. Intimate partner violence can be a single act or a pattern of conduct.

In evaluating non-physical conduct, the university considers whether the conduct is sufficiently severe, persistent or pervasive that it (i) unreasonably interferes with, limits, or deprives an individual from participating in or benefitting from the university’s education or employment programs, activities, or living environment or (ii) causes substantial emotional distress.  The totality of known circumstances, including the nature, frequency, intensity, location, context, and duration of the conduct, will be considered from both a subjective and objective perspective.

In evaluating self-defense in cases involving intimate partner violence, the university considers the totality of known information in determining three issues:

(1) Reasonable belief in imminent danger of physical harm;

(2) Reasonable belief in the immediate need to use force;

(3) Use of no more force than reasonably necessary.

If either belief (in imminent harm or in immediate need) is not reasonable or disproportionate force was used, a claim of self-defense is not valid and the conduct may be a violation of this policy.