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Discrimination and Sexual misconduct violations include, but are not limited to: 

Sexual Harassment is:

Unwelcome verbal, written, online and/or physical conduct that is of an implicitly or overtly sexual nature, and is based on a person’s actual or perceived sex, gender, sexual orientation, gender identity, or gender expression. Sexual harassment 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 (a) sufficiently severe, persistent or pervasive and either (a) (i) 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 (ii) the effect of creating an intimidating, offensive or hostile environment for that individual's employment, education or participation in a University activity.

Examples of Sexual Harassment:
•  A student, staff, or faculty member widely spreads false stories about their sex life with a former partner to the clear discomfort of the former partner.  
•  A student sends explicit sexual pictures to a classmate’s e-mail or attaches them to text messages.
•  A student experiences repeated advances from a professor asking for dates or just “to go out for drinks after class” and the professor won’t take “no” for an answer.

Retaliation is:

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.

Examples of Retaliation:
•    A member of the basketball team files an allegation against a coach for sexual harassment. The coach subsequently cuts the student-athlete’s playing time in half without a legitimate justification.
•    A faculty member complains of gender inequity in pay within her department; the Department Chair then revokes his prior approval allowing her to attend a national conference without a legitimate business reason, citing the faculty member’s tendency to “ruffle feathers.”
•    A student and RUSGA member participates in a sexual misconduct investigation against a respondent – also a member of RUSGA. The student is subsequently removed as a member of RUSGA because he participated in the investigation.




Nonconsensual Sexual Contact is:

    1. an intentional sexual 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. 
Examples of Nonconsensual Sexual Contact:
•    A student is walking on a campus sidewalk and a staff member pats or pinches the student’s buttocks as they go by.
•    A student grabs another student by the head and kisses him on his mouth by surprise.
•    A staff member touches a coworker’s breast while walking to the bathroom.

Nonconsensual Sexual Penetration 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.   
Examples of Nonconsensual Sexual Penetration:
•    A student ignores a sexual partner who verbally stated their sexual boundary for the evening is kissing, and proceeds to remove clothing and penetrate the person with their fingers.
•    An employee slips a drug into another employee’s drink during happy hour and later sexually penetrates them.
•    A student reports that an “ex” “had sex” with the student while sleeping after a night of drinking alcohol.
•    A professor is jogging early in the morning and a group of students attack and sexually assault the jogger.


Sexual Exploitation:

Refers to a situation in which a person takes non-consensual or abusive sexual advantage of another, and that behavior does not otherwise fall within the definitions of Sexual Harassment, Nonconsensual Sexual Penetration or Nonconsensual Sexual Contact.

Sexual exploitation includes, but is not limited to, sexual voyeurism (such as watching a person undressing, using the bathroom or engaged in sexual acts without the consent of the person observed), invasion of sexual privacy, taking pictures or video or audio recording another in a sexual act, or in any other private activity without the consent of all involved in the activity, prostitution, exposing one’s genitals in non-consensual circumstances, administering alcohol or drugs to another person without his or her knowledge or consent.

Examples of Sexual Exploitation:
•    A librarian removes clothing and exposes their genitals to a student who is studying in the library.
•    A student posts a video to social media engaging in sexual activity with another student without consent from the person depicted in the posting.
•    A student lets a friend hide in the closet to watch the student and their partner having consensual sex.


Relationship Violence:

Relationship violence, often referred to as intimate partner violence, domestic and dating violence means any act of violence or threatened act of violence when used as a method of coercion, control, punishment, intimidation or revenge against a person with whom the individual was previously or is currently involved in a sexual, romantic, parenting or dating relationship. This includes relationships between spouses, former spouses, past or present unmarried couples, dating relationships and sexual partners. Relationship violence includes, but is not limited to, physical violence, emotional abuse, economic abuse and other forms of sexual misconduct (stalking, nonconsensual sexual contact, nonconsensual sexual penetration and sexual exploitation). Relationship violence includes threats, assault, property damage, violence or threat of violence to one’s self, or to family, friends, coworkers or pets of the sexual or romantic partner. Relationship violence may consist of one act of misconduct or an ongoing pattern of behavior.  

Examples of Relationship Violence:
•    A staff member’s “ex” waits in the parking lot, follows the staff member to a car, shakes and pushes the staff member away from the car.
•    A co-worker tells you that his wife is a “control freak,” doesn’t want him to have friends or meet with family.  Lately, you have noticed scratches and bruises in your coworker’s arms. He says he had an argument with his wife.
•    A student grabs his partner by the arms and shoves him against a wall.
•    A student discloses that their partner often makes threats when the student tries to end the relationship, such as “if you break up with me I’ll kill myself, hurt your family and post your nude pictures on Snapchat.”


Stalking is:

Engaging in a course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to feel fear or suffer 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. Emotional distress: 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.
Engaging in a course of conduct directed at a specific person that is unwelcome and would cause a reasonable person to feel fear or suffer 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.    Emotional distress: 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 complainant.

Examples of Stalking:

•    A student continues to text another student multiple times per day, makes frequent posts about them on social media, and waits outside of their classroom in order to follow the other student from place to place on campus.
•    A classmate shows up frequently at a student’s dorm, unannounced or uninvited, despite being told to stop.
•    A staff member initiates communication with a co-worker, anonymously or otherwise by telephone, computer, computer network, or computer system in a manner intended to harass or threaten bodily injury or property damage, or that is obscene.



Discrimination is:

Any distinction, preference, advantage for or detriment to an individual compared to others that is based upon an individual’s actual or perceived gender, race, color, religion, sex, marital status, parental status, national origin, age, disability, citizenship, sexual orientation, veteran status, and any other groups protected by federal, state or local statutes. The conduct must be so objectively offensive as to alter the conditions of the individual’s employment or educational experience.

Examples of Discrimination:
•    A Muslim student who wears a hijab applies for a receptionist work study position. She does not receive the position despite her qualifications because she is Muslim and is told by staff that her presence may frighten office visitors.
•    At the beginning of the semester, a pregnant student informs her professor that she is due to give birth shortly after midterms and will need to make arrangements to make up coursework when she has the baby. The professor tells her that attendance and participation is worth 50% of her grade and that she should take the course next semester.
•    A student is quietly removed from the debate team contact list and is unable to obtain the practice schedule because he is Black. When he inquires, the debate team president tells him that he “was not a good fit” and was encouraged to join the Black Student Alliance.