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Sexual Misconduct Definitions

The expectations of our community regarding sexual misconduct can be summarized as follows:

In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing and voluntary consent prior to and during sexual activity. Consent is sexual permission. Consent can be given by word or action, but non-verbal consent is not as clear as talking about what you want sexually and what you don't. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Silence cannot be assumed to show consent.

When alcohol or other drugs are being used, a person will be considered unable to give valid consent if they cannot fully understand the details of a sexual interaction (who, what, when, where, why, or how) because they lack the capacity to reasonably understand the situation. Individuals who consent to sex must be able to understand what they are doing. Under this policy, “No” always means “No,” and, if the individual is under the influence of drugs or alcohol, “Yes” may not always mean “Yes.” Anything but a clear, knowing and voluntary consent to any sexual activity is equivalent to a “No.” The individual who is initiating sexual activity must ensure the individual with whom they wish to have sexual contact knowingly consents to the activity.


Sexual harassment
Sexual harassment is unwelcome conduct of a sexual nature, including sexual violence. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Stalking, bullying and/or cyber-bullying may also be forms of sexual harassment.

Possible examples of harassment:

Investigations of sexual harassment complaints will take into consideration both objective and subjective factors.

Hostile environment
Sexual harassment, including sexual violence, creates a hostile environment when the conduct is pervasive or sufficiently serious to limit or deny a student’s ability to participate in or benefit from the school’s educational or other programs.

Sexual violence
Sexual violence includes physical sexual acts perpetrated against a person’s will or when a person is incapable of giving consent (for example, due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion. Sexual violence can be carried out by school employees, fellow students, students from other schools, or third parties. Sexual violence is a severe form of sexual harassment.

Sexual exploitation
Sexual exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited.

Examples of sexual exploitation include, but are not limited to: