Definitions

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Conduct, intimidation, and expressed or implied threats of physical or emotional harm that would reasonably place an individual in fear of immediate or future harm, and that are employed to persuade or compel someone to engage in sexual contact.



Consent


Communication of an affirmative, conscious and freely made decision by each participant to engage in agreed upon forms of sexual contact. Consent requires an outward demonstration, through understandable words or actions, which conveys a clear willingness to engage in sexual contact.



Discrimination


Any unlawful distinction, preference or detriment to an individual as compared to others that is based on an individual’s protected status and that is sufficiently serious, persistent, or pervasive so as to unreasonably interfere with or limit: an employee’s or applicant for employment’s access to employment or conditions and benefits of employment; a student’s or admission applicant’s ability to participate in, access, or benefit from educational programs, services or activities; an authorized volunteer’s ability to participate in a volunteer activity; or a guest’s or visitor’s ability to participate in, access or benefit from the college’s programs. Discrimination includes failing to provide reasonable accommodations, consistent with state and federal laws, to a qualified person with a disability.



Gender-Based Harassment


Sexual harassment also includes harassment based on gender, sexual orientation or gender identity, which may include acts of verbal, nonverbal or physical aggression, intimidation or hostility based on sex/gender or sex/gender stereotyping, even if the acts do not involve conduct of a sexual nature. Also includes harassment for exhibiting what is perceived as stereotypical characteristic for one’s sex or for failing to conform to stereotypical notions of masculinity and femininity, regardless of the actual or perceived sex, gender or sexual orientation of the individuals involved.



Harassment


A type of discrimination that occurs when verbal, physical, electronic or other conduct based on an individual’s protected status interferes with that individual’s: educational environment; work environment; participation in a college program or activity; or receipt of legitimately-requested services (e.g., disability or religious accommodations), and creates hostile environment harassment or quid pro quo harassment.



Hostile Environment Harassment


Unwelcome conduct based on protected status that is so severe, persistent, or pervasive that it alters the conditions of education, employment, or participation in a college program or activity, thereby creating an environment that a reasonable person in similar circumstances and with similar identities would find hostile, intimidating, or abusive under both a subjective and objective assessment. An isolated incident, unless sufficiently severe, does not amount to hostile environment harassment.



Incapacitation


Sleep, unconsciousness, intermittent consciousness or any other state where an individual is unaware or unable to give consent to sexual contact. Incapacitation may also exist because of a mental or developmental disability that impairs the ability to consent to sexual contact.



Interpersonal Violence


Physical, sexual, emotional, economic, or psychological actions or threats of actions that a reasonable person in similar circumstances and with similar identities would find intimidating, frightening, terrorizing or threatening (commonly referred to as domestic violence or dating violence). Such behaviors may include threats of violence to an individual or an individual’s family member. Interpersonal violence can encompass a broad range of abusive behavior committed by a person who is or has been: in a romantic or intimate relationship with the reporting party (of the same or different sex), the reporting party’s spouse or partner (of the same or different sex), the reporting party’s family member, or the reporting party’s cohabitant or household member, including a roommate.



Quid Pro Quo Harassment


Unwelcome conduct based on protected status where submission to or rejection of such conduct is used, explicitly or implicitly, as the basis for decisions affecting an individual’s education, employment, or participation in a college program or activity.



Retaliation


Acts or words taken against an individual because of the individual’s participation in a protected activity that would discourage a reasonable person from engaging in protected activity. Protected activity includes an individual’s good faith (i) participation in the reporting, investigation or resolution of an alleged violation of the policy; (ii) opposition to policies, practices or actions that the individual reasonably believes are in violation of the policy; or (iii) requests for accommodations on the basis of religion or disability. Retaliation may include intimidation, threats, coercion, or adverse employment or educational actions. Retaliation may be found even when an underlying report made in good faith is not substantiated. Retaliation may be committed by the responding party, the reporting party, or any other individual or group of individuals.



Sexual Assault/Sexual Contact


Having or attempting to have sexual contact with another individual without consent (as referenced above). Sexual contact is the intentional touching or penetration of another person’s clothed or unclothed body, including but not limited to the mouth, neck, buttocks, anus, genitalia or breast, by another with any part of the body or any object in a sexual manner. Sexual contact also includes causing another person to touch his or her own or another’s body in a sexual manner. Sexual assault includes, without limitation, sexual battery.



Sexual Exploitation


Taking advantage of the sexuality of another person without consent or in a manner that extends the bounds of consensual sexual activity without the knowledge of the other individual for any purpose, including sexual gratification, financial gain, personal benefit or any other non-legitimate purpose. Examples include, but are not limited to, observing another individual’s nudity or sexual activity without the knowledge and consent of all parties, non-consensual streaming of images, etc., without the knowledge and consent of all parties, and exposing one’s genitals in non-consensual circumstances.



Sexual Harassment


Any unwelcome sexual advance, request for sexual favors, or other unwelcome verbal or physical conduct of a sexual nature, when: submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of an individual’s academic work, employment or participation in any aspect of a college program or activity; or submission to the rejection of such conduct by an individual is used as the basis for decisions affecting the individual; or such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance.



Stalking


Repeated, unwanted attention; physical, verbal, or electronic contact; or any other course of conduct directed at an individual that is sufficiently serious to cause physical, emotional, or psychological fear or distress, or to create a hostile, intimidating or abuse environment for a reasonable person in similar circumstances and with similar identities. Stalking includes the concept of cyberstalking.



For more information, please refer to policy: 6Hx28:2-01.