What is Sexual Misconduct?

Consent

Consent to engage in sexual activity must be informed, freely given and mutual. Consent must be ongoing, throughout each instance of sexual activity, and for each form of sexual contact. Consent to one form of sexual contact does not constitute consent to all forms of sexual contact.

Prohibited Sexual Misconduct

Prohibited sexual misconduct includes sexual assault, inducing incapacitation for sexual purposes, sexual exploitation, stalking and dating or domestic violence.

• Sexual assault means actual or attempted sexual contact with another person without that person's consent. Sexual assault includes, but is not limited to: physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent. This includes rape, sexual assault, battery, and sexual coercion.
• Inducing incapacitation for sexual purposes includes the use of drugs, alcohol, or other means with the intent to affect or having an actual effect on the ability of an individual to consent or refuse to consent to sexual contact.
• Sexual exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for anyone's advantage or benefit other than the person being exploited.
• Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others; or suffer substantial emotional distress.
• 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.
• Domestic violence includes felony or misdemeanor crimes 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 or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction, or any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction.

Retaliation

It is a violation of College Policy to retaliate in any way against a person or persons because they have opposed any practices forbidden under the Policy Against Sex Discrimination, including Sexual Harassment, Sexual Misconduct, Interpersonal Violence and Stalking or have filed a report, assisted, or participated in any manner in an investigation or proceeding under this Policy. This includes action taken against a bystander who intervened to stop

or attempt to stop discrimination, harassment, sexual misconduct, interpersonal violence, or stalking. Retaliation may take many forms, and may include intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual's complaint or participation. Action is generally deemed retaliatory if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this Policy. The College will take immediate and responsive action upon receiving any report of retaliation and may pursue disciplinary action as appropriate.