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Types of Sexual Misconduct


Prohibited Conduct

Sexual Harassment

Sexual Harassment, whether verbal, non-verbal, graphic or electronic, includes:

  • Unwelcome sexual advances, invasion or personal space, propositions or requests for sexual favors;
  • Lewd or sexually suggestive comments, remarks, photographs, videos, jokes, sounds, innuendos or gestures;
  • Sexual advances, sexual propositions or requests for sexual favors when submission to or rejection of such behavior results, implies or may result in adverse educational, co-curricular or employment action, including but not limited to quid pro quo, termination, promotion, demotion, change in working conditions, unfair grading, or withholding education assistance);
  • Threats of a sexual nature; and/or
  • Sexual Coercion, which includes manipulating, compelling, forcing or threatening another person, physically or emotionally, to engage in any act of sexual nature.

Sexual Abuse

Any conduct of a sexual nature perpetrated against a person under the legal age to give consent or person with a developmental or intellectual disability, including but not limited molestation, statutory rape, sexual exploitation, and child sexual abuse.

Sexual Assault

Causing or threatening to cause bodily harm to another person or any physical sexual act(s) against another person without affirmative consent or when the person is incapable of giving consent. This includes forcible and non-forcible rape or sexual intercourse, date rape, acquaintance rape, Domestic violence, and Intimate Partner Violence.

Rape is any penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim, including the attempts or assaults to commit rape.

Sexual Exploitation

Sexual Exploitation is any behavior or attempted behavior of sexual nature, including:

  • Causing the incapacitation of another person through physical or mental assaults, alcohol, drugs or any other means;

  • Exploiting, photographing, recording, distributing, displaying or viewing activity of a sexual nature, allowing third parties to view sexual activity, or other acts of Sexual Exploitation, regardless of medium, where there is a reasonable expectation of privacy or where consent was not authorized by all parties involved;

  • Prostituting another person;

  • Observing or allowing a third party to observe the intimate parts of oneself or of another person where there is a reasonable expectation of privacy or where consent was not authorized by all parties involved, or other acts of voyeurism; and/or

  • Knowingly exposing another person to a sexually transmitted disease without the other person's knowledge.

Sexual Violence

Any physical sexual act perpetrated against a person's will (unwanted, unwarranted or unwilling), or where a person is incapable of giving consent, regardless if in a romantic or intimate relationship, including but not limited to acts that cause or threaten to cause bodily harm (e.g. sexual assault, sexual battery, sexual abuse, and sexual coercion, Domestic Violence, Dating or Intimate Partner Violence, or the act of having or attempting to have sexual contact with another person or group without consent, including but not limited:

  • Touching or fondling another person's body (clothed or unclothed) by another person with any part of the body or any object in a sexual manner;

  • Penetration of another person's body (clothed or unclothed) by another person with any part of the body or any object in a sexual manner;

  • Causing or attempting to cause another person to touch one's own or another's body in a sexual manner;

  • Intentional exposure of one's genitals to another person;

  • Dating Violence (Intimate Partner Violence) is any intimidation, assault, violence or the threat of violence, including sexual violence, against another person, in which there was in the past, or currently, a continuing romantic or intimate relationship;

  • Domestic or Family is any intimidation, assault, violence or the threat of violence, including sexual violence, against another person family or household member;

  • Statutory rape which is non-forcible sexual intercourse with a person under the legal age to give consent;

  • Sodomy which is the oral or anal intercourse with another person without that person's consent; and

  • Any other intentional sexual contact with another person.

Stalking

Any repeated and unwanted or unwelcome behavior, attention or contact, verbal, non-verbal or electronic, regardless if in a romantic or intimate relationship, which would cause another person to feel fear, suffer emotional or psychological stress, or intimidates or interferes with another person's ability to participate in or benefit from the educational, extracurricular, co-curricular or employment activities or programs of the College District.

Incapacitation

Any act of sexual nature that occurs where consent is unable to be given due to being:

  • Under the influence of alcohol, drugs, prescribed medications or other substance, or where such substance has rendered a person physically or mentally incapable of communication or making decisions about consent to acts of a sexual nature;

  • Sleep, unconscious, incapacitated or intermittent unconsciousness; underage; or impaired due to mental, developmental or physical disability;

  • Permanently or temporarily impaired due to mental, developmental or physical disability;

  • Forced through the use of physical violence, threats, intimidation, or coercion; or

  • Under the legal age to give consent.

Gender-Based Harassment

Gender-Based Harassment, whether verbal, non-verbal, graphic or electronic, including:

  • Unwelcome or unwarranted conduct or behavior based on the person's gender, the person's expression of characteristics perceived as stereotypical for the person's gender, or the person's failure to conform to gender stereotypes;

  • Conduct that is so severe, persistent, or pervasive that the conduct limits or denies a person's ability to fully participate in or benefit from the educational, extracurricular, co-curricular or employment activities or programs of the College District; and/or

  • Offensive jokes, name-calling, slurs, or rumors; physical aggression or assault; threatening or intimidating conduct; or other kinds of aggressive conduct such as theft or damage to property regardless of the complainant's or the respondent's actual or perceived sexual orientation or gender identity.

Sexual and Gender-Based Discrimination

Conduct that limits or denies a person's ability to fully participate in or obtain employment or educational opportunities, programs or services because of person's sex or gender identity, including but not limited to:

  • Refusing or limiting transgender or gender nonconforming persons full participation in or access to educational, extracurricular, co-curricular or employment activities, programs or services of the College District;

  • Refusing or limiting transgender or gender nonconforming persons equal access to facilities, rooms, offices, bathrooms or other College District properties; and/or

  • Refusing or limiting any other persons full participation in educational, extracurricular, co-curricular or employment activities and programs, or equal access to facilities, rooms, offices, bathrooms or other College District properties based on the person's sex.

Hostile Environment

Any conduct or threat of a sexual nature where such conduct is severe, persistent or pervasive in intimidating or interfering with another person's ability to participate in or benefit from the educational, extracurricular, co-curricular or employment activities or programs of the College District, or which adversely impacts the a College District's educational, extracurricular, co-curricular or employment environment.

Complicity

Complicity is any act that serves the purpose or intent to aid, abet, facilitate, promote, support or encourage the commission of an act prohibited in this policy.

Retaliation

Retaliation against a person for the good faith reporting of Prohibited Conduct, including persons serving as a witness or otherwise participating in the complaint, investigatory, hearing or appeal process, or any portions thereof. This also includes but is not limited to threats, rumor spreading, physical/verbal assaults, ostracism, destruction of property, and/or unjustified employment or educational punishments.