Campus SaVE Act Definitions

Definitions of Violations

These definitions supplement the definitions found in the Student Code of Conduct.

Sexual Harassment

Sexual Harassment is:

• unwelcome,
• sexual, sex-based and/or gender-based verbal, written, online and/or physical conduct.

Hostile Environment

A hostile environment is created when sexual harassment is:

• sufficiently severe, or
• persistent or pervasive, and
• objectively offensive that it:
  • unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the university’s educational [and/or employment], social and/or residential program.

Quid Pro Quo Harassment

Quid Pro Quo Harassment is:

• Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.
• By a person having power or authority over another constitutes sexual harassment when
• Submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating or evaluating an individual’s educational [or employment] progress, development, or performance.

• This includes when submission to such conduct would be a condition for access

to receiving the benefits of any educational [or employment] program.

Retaliation

Retaliation is:

• Any adverse action,
• Taken against a person participating in a protected activity,
• Because of their participation in that protected activity
  • subject to limitations imposed by the 1^st Amendment and/or Academic Freedom.

Retaliatory Harassment

Retaliatory harassment is:

• Any harassing action (as defined above),
• Taken against a person participating in a protected activity,
• Because of their participation in that protected activity
• subject to limitations imposed by the 1^st Amendment and/or Academic Freedom.

Non-Consensual Sexual Contact

Non-Consensual Sexual Contact is:

• any intentional sexual touching,
• however slight,
• with any object,
• by a person upon another person,
• that is without consent and/or by force

Sexual Contact includes:

• Intentional contact with the breasts, buttock, groin, or genitals, or
• touching another with any of these body parts, or
• making another touch you or themselves with or on any of these body parts;
• or any other intentional bodily contact in a sexual manner.

Non-Consensual Sexual Intercourse

     Non-Consensual Sexual Intercourse is:

• any sexual intercourse
• however slight,
• with any object,
• by a person upon another person,
• that is without consent and/or by force

     Intercourse includes:

• vaginal or anal penetration by a penis, object, tongue or finger, and/or
• oral copulation (mouth to genital contact),
• no matter how slight the penetration or contact.

Sexual Exploitation

• Occurs when one person 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, and
• that behavior does not otherwise constitute one of other sexual misconduct offenses.

Consent

Consent is:

• clear, and
• knowing, and
• voluntary [or affirmative, conscious and voluntary]
• words or actions,
• that give permission for specific sexual activity.

Force

• Force is the use of physical violence and/or imposing on someone physically to gain sexual access.
• Force also includes threats, intimidation (implied threats) and coercion that
  • overcomes free will
  • overcomes resistance or
  • produces consent

Threatening Conduct

• Threatening, or
• Causing physical harm, or
• Extreme verbal abuse, or
• Other conduct which threatens or endangers the health or safety of any person;

Discrimination

• Actions that deprive other members of the community of educational or employment access, benefits or opportunities

• On the basis of sex or gender;

Intimidation

• Implied threats or acts that cause another to reasonably fear harm;

Hazing

• Acts likely to cause physical or psychological harm or social ostracism to any person within the university community, when related to admission into, initiation into, pledging of, affiliating with, or joining any group, club or activity.

Bullying

Bullying, defined as:

• Repeated and/or severe, aggressive behavior, that is

• Likely to intimidate, intentionally hurt, control or diminish another person, physically or mentally

• That is not speech or conduct otherwise protected by the 1^st Amendment.

Intimate Partner Violence

• Violence or emotional and/or psychological abuse between those in an intimate relationship to each other.

Stalking

     Stalking 1:

• A course of conduct
• Directed at a specific person
• On the basis of actual or perceived membership in a protected class
• That is unwelcome, AND
• Would cause a reasonable person to feel fear

    Stalking 2:

• Repetitive and Menacing
• Pursuit, following, harassing and/or interfering with the peace and/or safety of another

(These definitions are adapted from material provided by the Association of Title IX Administrators.)