Prohibited Behaviors

Prohibited Sexual Misconduct:

• Non-consensual sexual penetration (or attempt to commit): Non-consensual sexual intercourse is any penetration of the sex organs, anus, or any bodily opening of another person when consent is not present, or force is used. This includes penetration or intrusion, however slight, by an object or any part of the body, specifically including cunnilingus, fellatio, vaginal intercourse, and anal intercourse.

• Non-consensual sexual contact (or attempt to commit): Non-consensual sexual contact is the intentional touching or fondling a person’s genitals, breasts, thighs, groin, or buttocks, or any other contact of a sexual nature (including by bodily fluids), when consent is not present, or force is used. This includes contact done directly, through clothing, or with an object. It also includes causing or inducing a person, when consent is not present, to similarly touch, fondle, or contact oneself or someone.

• Sexual exploitation: Sexual exploitation occurs when a person takes non-consensual or abusive sexual advantage of another individual(s) for personal benefit, or to benefit anyone other than the individual being exploited, and that behavior does not otherwise constitute one of the other sexual misconduct offenses in this policy. Examples of sexual exploitation include, but are not limited to:
  • Invasion of sexual privacy
  • Prostituting another person
  • Non-consensual photographing, video or audiotaping of sexual activity
  • Posting or otherwise distributing or publicizing nude images of another without consent
  • Engaging in voyeurism,
  • Knowingly transmitting a sexually transmitted infection (STI) to another without disclosing STI status
  • Exposing one’s genitals in non-consensual circumstances and/or inducing another to expose their genitals.
  • Sexually based stalking and/or bullying may also be forms of sexual exploitation.

• Dating violence: Violence or the threat of violence (including but not limited to sexual or physical abuse) by another person with whom the individual is or has been in a social relationship of a romantic or intimate nature. 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 relationship
  • The frequency of interaction between the persons involved in the relationship.

• Dating violence does not include acts covered under the definition of domestic violence below.

• Domestic violence: Domestic violence is violence committed by a current or former spouse or intimate partner of the individual, by someone with whom the individual shares a child in common, by someone who is cohabitating with or has cohabitated with the individual as a spouse or intimate partner, by someone similarly situated to a spouse of the individual under the domestic or family violence laws of the jurisdiction in which the violence occurred, or any other person against an adult or youth who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the violence occurred. Complaints of violence between cohabitating individuals who do not meet this definition (i.e., roommates) are addressed under other applicable college policies.

• Stalking: Stalking is a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety (or the safety of a third person) or suffer substantial emotional distress. For purposes of this definition, course of conduct means 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. 

Cyberstalking: This definition incorporates the concept of cyber-stalking, which consists of the use of the internet, social media, cellphones or other similar devices of forms of communication, with the purpose of harassing or stalking another individual.

Examples of stalking include, but are not limited to: 

• • Following a person
  • Being or remaining in close proximity to a person
  • Entering or remaining on or near a person’s property, residence, or place of employment
  • Monitoring, observing or conducting surveillance of a person
  • Threatening (directly or indirectly) a person
  • Communicating to or about a person
  • Giving gifts or objects to, or leaving items for, a person
  • Interfering with or damaging a person’s property (including pets)
  • Engaging in other unwelcome contact
  • Repeated electronic communications, including via social media.

•  Sexual harassment: Unwelcome conduct of a sexual nature committed against a person in the United States, against a person taking part in an education program or activity, or when the conduct satisfies one of the following conditions:
  •  Quid Pro Quo Harassment: Submitting to such conduct is either explicitly or implicitly made a term of condition of an individual’s employment or education
  • Hostile Environment: The conduct is sufficiently severe, persistent, or pervasive that it unreasonably interferes with an individual’s equal access to an educational program or work activities
  • Sexual assault, Dating Violence, Domestic Violence, or Stalking: As defined in the Interim Sex Discrimination and Sexual Misconduct Policy of the college.