Definitions

Consent is explicit approval to engage in sexual activity demonstrated by clear actions or words. This decision must be made freely and actively by all participants. Non-verbal communication, silence, passivity or lack of active resistance does not imply consent. In addition, previous participation in sexual activity does not indicate current consent to participate and consent to one form of sexual activity does not imply consent to other forms of sexual activity.

Consent has not been obtained in situations where the individual: a) is forced, pressured, manipulated or has reasonable fear that they will be injured if they do not submit to the act; b) is incapable of giving consent or is prevented from resisting due to physical or mental incapacity (including being under the influence of drugs or alcohol); c) or has a mental or physical disability which inhibits his/her ability to give consent to sexual activity.

Dating Violence – crimes of violence against a person with whom the person has or had a social relationship or a romantic or intimate relationship.

Domestic Violence – crimes of violence against a current or former spouse or intimate partner, a person whom the student shares a child in common, a person with whom the student cohabitates or has cohabitated as a spouse, a person similarly situated to the student as a spouse, a person who is related to the student such as a parent, child or person who is related to the student as a grandparent or grandchild.

Hostile Environment – conduct evaluated from the perspective of a reasonable person in the alleged victim’s position considering all the circumstances. The more severe the conduct, the less need there is to show a repetitive series of incidents (particularly if the conduct is physical). A single or isolated incident of sexual violence may create a hostile environment.

Gender Identity Harassment – behavior that targets someone for offensive, hostile, degrading or insulting treatment because of their gender.

Sexual Assault – subjecting any person to contact or behavior of a sexual nature or for the purposes of sexual gratification without the person’s express and explicit consent.

Sexual Harassment – physical contact and/or conduct that creates an unwelcome or hostile environment. It includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical contact of a sexual nature when submission to the conduct is made a term or condition of an individual’s employment or academic performance (either implicitly or explicitly), when submission to or rejection of the conduct is used as the basis for employment or educational decisions affecting the individual, or when the conduct is sufficiently severe, persistent, or pervasive to interfere with an individual’s work or academic performance or to create an intimidating, hostile, or offensive working or learning environment. Occasional compliments of a socially acceptable nature do not constitute sexual harassment.