Prohibited Conduct

VII. Prohibited Conduct

This Policy prohibits Sexual Harassment as defined in the Title IX regulations, which includes Sexual Assault, Dating Violence, Domestic Violence, and Stalking (collectively, Title IX Sexual Harassment), and Retaliation.  Conduct under this Policy is prohibited regardless of the sexual orientation, gender, gender identity, or gender expression of the Complainant or Respondent. The University prohibits the following conduct:

1. Sexual Harassment:  (A) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies the Complainant equal access to the University’s education program or activity; or (B) An Employee of the University conditioning the provision of an aid, benefit, or service of the University on a Complainant’s participation in unwelcome sexual conduct.

2. Sexual Assault: Having or attempting to have sexual contact with another individual without consent or where the individual cannot consent because of age or temporary or permanent mental incapacity (see below for definition of consent and incapacitation). [1] Sexual contact includes:

   1. sexual intercourse (anal, oral, or vaginal), including penetration with a body part (e.g., penis, finger, hand, or tongue) or an object, or requiring another to penetrate themselves with a body part or an object, however slight; or

   2. sexual touching of the private body parts, including, but not limited to, contact with the breasts, buttocks, groin, genitals, or other intimate part of an individual’s body for the purpose of sexual gratification.

3. Dating Violence: Violence committed by a person—

   1. who is or has been in a social relationship of a romantic or intimate nature with the victim; and

   2. where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship.

4. Domestic Violence: felony or misdemeanor crimes of Violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by 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.

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

   1. fear for his or her safety or the safety of others; or

   2. suffer substantial emotional distress.

6. Retaliation: Conduct against an individual for the purpose of interfering with any right or privilege secured under Title IX, or because the individual has made a disclosure or complaint, testified, assisted, or participated or refused to participate in any manner in a Title IX Process.  Retaliation includes intimidation, threats, coercion, or discrimination for the purpose of interfering with any right or privilege secured by Title IX.  The exercise of rights protected under the First Amendment does not constitute Title IX Retaliation.  A good-faith pursuit by either party of civil, criminal or other legal action does not constitute Title IX Process Retaliation.

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[1] The statutory definition of sexual assault referenced by the Title IX regulations also includes having or attempting to have sexual contact between persons who are related to each other within the degrees where marriage is prohibited by law.