Non-Title IX Sexual Misconduct Definitions

In addition to the Title IX Sexual Misconduct and VAWA/Clery definitions, the Non-Title IX Sexual Misconduct Policy also utilizes the following definitions.

Sexual Assault

Sexual contact or intercourse with an individual without that individual's Consent, including sexual Contact or intercourse against an individual's will or in a circumstance in which an individual is incapable of consenting to the contact or intercourse. Sexual Assault includes:

• Nonconsensual Sexual Contact: Intentional sexual touching, however slight, with any object or part of one's body of another's private areas without Consent. Sexual Contact includes: (1) intentional contact with the breasts, buttock, groin, or genitals; (2) touching another with any of these body parts; (3) making another touch you or themselves with or on any of these body parts; or (4) any other intentional bodily contact in a sexual manner.
• Nonconsensual Sexual Intercourse: Sexual penetration or intercourse, however slight, with a penis, tongue, finger, or any object, and without Consent. Penetration can be oral, anal, or vaginal.

Sexual Exploitation

Taking nonconsensual or abusive sexual advantage of another for the benefit of oneself or a third party. Prohibited behavior includes but is not limited to: (i) purposeful recording, distribution, or dissemination of sexual or intimate images or recordings of another individual without that individual's full knowledge or Consent; (ii) sexual voyeurism; (iii) inducing another to expose one's genitals or private areas; (iv) prostituting another; and (v) knowingly exposing someone to or transmitting a sexually transmitted disease, without the individual's full knowledge and Consent.

Sexual Harassment

Unwelcome, sex-based verbal or physical conduct that:

• In the employment context, unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive work environment. To constitute an intimidating, hostile, or offensive working environment, the complained of conduct must be either severe, persistent, or pervasive.
• In the education context, is sufficiently severe, persistent, or pervasive that the conduct unreasonably interferes with a student's ability to participate in or benefit from educational programs or activities.
• Examples of inappropriate behavior that may constitute Sexual Harassment include, but are not limited to: (1) sexual teasing, jokes, remarks, or questions; (2) sexual looks and gestures; (3) sexual innuendoes or stories; (4) communicating in a manner with sexual overtones; (5) inappropriate comments about dress or physical appearance; (6) inappropriate discussion of private sexual behavior; (7) gifts, letters, calls, emails, online posts, or materials of a sexual nature; (8) sexually explicit visual material (calendars, posters, cards, software, internet, or other multimedia materials); (9) sexual favoritism; (10) pressure for dates or sexual favors; (11) unwelcome physical contact (touching, patting, stroking, rubbing); (12) nonconsensual video or audio-taping of sexual activity; (13) exposing one's genitals or inducing another to expose their genitals; (14) Stalking; (15) Dating or Domestic Violence; (16) Nonconsensual Sexual Intercourse, Sexual Assault, or rape; and (17) other gender based threats, discrimination, intimidation, hazing, bullying, stalking, or violence.