Definitions

Prohibited Offenses

  • Domestic Violence is as a pattern of abusive behavior that is used by an intimate partner to gain or maintain power and control over the other intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.  This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

  • Dating Violence is defined as violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:

    • The length of the relationship
    • The type of relationship
    • The frequency of interaction between the persons involved in the relationship
  • Sexual Assault is any type of sexual contact or behavior that occurs by force or without consent of the recipient of the unwanted sexual activity.  Falling under the definition of sexual assault is sexual activity such as forced sexual intercourse, sodomy, child molestation, incest, fondling, and attempted rape.  It includes sexual acts against people who are unable to consent either due to age or lack of capacity.

  • Stalking is defined as a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear and/or to suffer substantial emotional distress.

  • Sexual Harassment includes unwanted sexual conduct that can be verbal, non-verbal, visual and physical.
    • Visual sexual harassment includes statements of a sexual nature.
    • Non-verbal sexual harassment is body language or sounds that are suggestive in nature.
    • Visual sexual harassment is displays that are sexually suggestive, such as posters and signs.
    • Physical sexual harassment is unwanted bodily contact.

Consent

Consent is a freely given agreement to sexual activity.  Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity. The following are very important aspects of consent:

  • A person’s lack of verbal or physical resistance or submission resulting from the use or threat of force does not constitute consent.
  • A person’s manner of dress does not constitute consent.
  • A person’s consent to past sexual activity does not constitute consent to a future sexual activity.
  • A person's consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another. (KK)
  • A person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to circumstances, including without limitation the following:
    • The person is incapacitated due to the use or influence of alcohol or drugs;
    • The person is asleep or unconscious;
    • The person is under age; or
    • The person is incapacitated due to a mental disability
  • Consent can be withdrawn at any time.