Sexual Harassment and Misconduct
Gender-Based Harassment, Discrimination, and Sexual Misconduct includes:
Gender-based harassment may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping that is sufficiently severe, persistent, or pervasive, even if those acts do not involve conduct of a sexual nature
Discriminatory harassment is verbal or physical conduct that shows hostility toward an employee based on or related to sex, race, national origin, religion, age, disability, sexual orientation, genetic information, or other protected categories, classes, or characteristics that is sufficiently severe, persistent, or pervasive so as to limit an individual's ability to participate in or benefit from education programs and activities or employment at Texas Tech University.
Sexual misconduct is any non-consensual behavior of a sexual nature that is committed by force, intimidation, or is otherwise unwelcome that is sufficiently severe, persistent, or pervasive so as to limit an individual's ability to participate in or benefit from education programs and activities or employment at Texas Tech University. Sexual misconduct offenses include, but are not limited to sexual harassment, non-consensual sexual contact, non-consensual sexual intercourse, and sexual exploitation.
Sexual harassment is a form of discriminatory harassment and is defined as unwelcome verbal, written, or physical conduct of a sexual nature that is sufficiently severe, persistent, or pervasive so as to limit an individual's ability to participate in or benefit from education programs and activities or employment at Texas Tech University. Anyone experiencing sexual harassment in any University program is encouraged to report it immediately to the Title IX Coordinator or a deputy. Remedies, education and/or training will be provided in response.
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.
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.
Occurs when one person takes non-consensual or abusive sexual advantage of another for his/her 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. Examples of sexual exploitation include, but are not limited to:
- Invasion of sexual privacy;
- Prostituting another person;
- Non-consensual digital, video or audio recording of nudity or sexual activity;
- Unauthorized sharing or distribution of digital, video or audio recording of nudity or sexual activity;
- Engaging in voyeurism;
- Going beyond the boundaries of consent (such as letting your friend hide in the closet to watch you having consensual sex);
- Knowingly exposing someone to or transmitting an STI, STD or HIV to another person;
- Intentionally or recklessly exposing one's genitals in non-consensual circumstances;
- Inducing another to expose their genitals;
- Sexually-based stalking and/or bullying may also be forms of sexual exploitation
Sexual violence is a form of sexual harassment. Sexual violence refers to physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent (e.g., due to age or use of drugs or alcohol or an intellectual or other disability that prevents the student from having the capacity to give consent). Sexual violence includes rape, sexual assault, sexual battery, sexual abuse, and sexual coercion.
Sexual Assault is a form of sexual violence and is an attempt, coupled with the ability, to commit a violent injury on the person of another because of that person's gender or sex.
Domestic Violence includes asserted violent misdemeanor or felony offenses committed by the victim's current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.
Dating Violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
Stalking means a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or others' safety, or to suffer substantial emotional distress.
Consent means mutually understandable words or actions, actively communicated both knowingly and voluntarily, so they clearly convey permission for sexual activity. Consent may be either clear words or actions, must be active and not passive or implied, must be informed and knowingly, and must be given voluntarily and freely. Consent can be withdrawn or revoked at any time.