Examples of Title IX Concerns
Sexual assault is any form of sexual contact without the consent of all parties involved to include:
- Sexual intercourse committed by physical force, coercion, threat or intimidation, actual or implied by a person or persons known or unknown to the victim.
- Attempted intercourse, sexual contact, or physical force of a threatening nature expressed or implied that places a person in fear of immediate death or physical injury by a person known or unknown to the victim.
- All other forms of sexual misconduct, which violates state and/or federal law now or subsequently in effect including, but not limited to, conduct defined as rape, sodomy, sexual abuse or sexual contact and contributing to the delinquency of a minor. A person may be deemed not to have knowingly and voluntarily consented if, at the time of the offense, the person is incapable of giving consent because of mental incapacitation, physical impairment, alcohol or drug consumption, or loss of consciousness.
Domestic and/or Dating Violence includes violence against a spouse, former spouse, or an individual who has had a dating or engagement relationship. "Violence" means an assault and/or battery in which an individual attempts to cause or intentionally, knowingly, or recklessly causes bodily injury, or intentionally, knowingly, or recklessly placing another in fear of imminent bodily injury.
- 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 the relationship.
- The frequency of interactions between the persons involved in the relationship.
- Domestic Violence includes violence committed by a current or former spouse of the
victim, by a person with whom the victim shares a child in common, by a person who
is cohabiting with or has cohabited with the victim as a spouse, 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. Immediate Family Member means:
- a spouse, parent, brother, sister, or child of that person, or an individual to whom that person stands in loco parentis; or
- any other person living in the household of that person and related to that person by blood or marriage
Sexual Harassment is defined as unwelcome comments or conduct based on gender that creates an intimidating or offensive working, learning, or living environment and that represents substantial interference with the rights or opportunities of the victim. Such conduct includes, but is not limited to:
- Conduct that violates the University’s policies prohibiting sexual harassment, such as unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal or written communication of a sexual nature.
- The use of phone, email, social media, or any other method to relay messages or materials of a sexual nature that are unwanted by the recipient.
- Is sufficiently severe, persistent or pervasive that it, unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the university’s educational program and/or activities
- Based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.
- (See Appendix C)
- Sexual Misconduct: Any sexual activity or attempt to engage in sexual activity, that
does not involve the knowing consent of each individual expressed verbally or otherwise,
or any prohibited activity as defined in university policies on sexual assault. Such
conduct includes, but is not limited to, any sexual act in which a person is threatened,
coerced, or forced to engage in against her or his will, or any sexual act engaged
in while a partner is temporarily or permanently incapacitated, such as:
- Any form of sexual penetration when the victim does not or is unable to provide knowing consent.
- Any touching or fondling of the sex organs or body parts for the purpose of sexual gratification when the victim is unable to or does not give knowing consent.
- Any trespass, force, restraint, domicile invasion, or coercion made with actual or threatened sexual intent.
- Indecent exposure.
- (See Appendix B)
- Stalking, defined as repeated and unwanted attention, harassment, contact, or other conduct directed at a specific person that would cause a reasonable person to feel fear.