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Sexual misconduct offenses include, but are not limited to: 

Sexual Harassment is:

Unwelcome conduct that is of an implicitly or overtly sexual nature, or is based on a person’s actual or perceived sex, gender, sexual orientation, gender identity, or gender expression. Sexual harassment, including sexual assault, can involve persons of the same or opposite sex, and includes any unwelcome sexual advance, request for sexual favors, or other conduct of a sexual nature when:
  1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, education or participation in a University activity;
  2. Submission to, or rejection of, such conduct by an individual is used as the basis for, or a factor in, decisions affecting that individual's employment, education or participation in a University activity;
  3. Submission to such conduct is based on retaliation; or
  4. Such conduct is sufficiently severe, persistent or pervasive and has the purpose or effect of unreasonably interfering with an individual's ability to participate in or benefit from the university’s educational program and/or activities, or the effect of creating an intimidating, offensive or hostile environment for that individual's employment, education or participation in a University activity.

The determination of whether an environment is “hostile” includes whether it is based on a protected category and the totality of the circumstances.  These circumstances could include: 
  1. The frequency of the conduct;
  2. The nature and severity of the conduct;
  3. Whether the conduct was physically threatening;
  4. Whether the conduct was humiliating;
  5. The effect of the conduct on the alleged victim’s mental or emotional state;
  6. Whether the conduct was directed at more than one person;
  7. Whether the conduct arose in the context of other discriminatory conduct;
  8. Whether the conduct unreasonably interfered with the alleged victim’s educational or work performance; and
  9. Whether the statement is a mere utterance of an epithet which engenders offense in an employee or student, or offends by mere discourtesy or rudeness.

Retaliation

Any intentional action taken by an accused individual or allied third party;
  1. absent legitimate non-discriminatory purposes;
  2. that harms an individual; and as reprisal for filing a complaint under this policy or participating in a civil rights complaint proceeding.

Sex Offense

Any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent.

Non-Consensual Sexual Contact:

  1. intentional sexual contact of touching, however slight; 
  2. with any body part or object; 
  3. by a man or a woman upon a man or a woman; 
  4. that is without effective consent and/or by force; and 
  5. that can reasonably be construed as being for the purposes of sexual arousal, gratification or abuse.  
Sexual touching or contact includes any bodily contact with the mouth, breast, groin, external genitalia, the perineum of the anus or the buttocks, or the pubes or other bodily orifice of another in a sexual manner, however slight, by any individual upon any individual that is without consent and/or by force.

Non-Consensual Sexual Intercourse is:

  1. any sexual penetration (anal, oral or vaginal), however slight;
  2. with any  body part or an object; or
  3. sexual intercourse by any individual upon any individual that is without consent and/or by force. 

Nonconsensual sexual intercourse includes vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.  

Sexual Exploitation:

Occurs when anyone takes non-consensual or abusive sexual advantage of another for his/her own pleasure, advantage or benefit, or to pleasure, advantage or benefit anyone other than the one being exploited.

Domestic Violence is:

A felony or misdemeanor crime or an act or threatened act of violence of violence committed by a current or former spouse or intimate partner of the victim by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws, or by any other person against an adult or youth victim who is protected from that person’s act under the domestic family violence  laws of Colorado.

Dating Violence is:

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 the reporting party's statement and with consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.  For the purposes of this definition, dating violence would include, but would not be limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts that meet the definition of “domestic violence.”

Stalking is:

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress.

  1. Course of Conduct: Two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.
  2. Substantial emotional distress: Significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
  3. Reasonable person: A reasonable person under similar circumstances and with similar identities to the victim.

Hate Crime is:

a crime reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim.  For the purposes of the Clery Act, the categories of bias that may serve as the basis for a determination that a crime is a hate crime would include the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability.