Definitions

Bullying: defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally (that is not speech or conduct otherwise protected by the 1st Amendment).

Consent: agreement (for sexual activity) is informed (knowing); voluntary (freely given); active (not passive); accompanied by clear words or actions; indicating permission to engage in mutually agreed upon (sexual) activity

Coercion: unreasonable pressure for sexual activity.  Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another.  When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. 

Cyber-bullying: is when an individual is tormented, threatened, harassed, humiliated, embarrassed or otherwise targeted by another person using the Internet, interactive and digital technologies or mobile phones.

Dating violence: violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; where the existence of such a relationship shall be determined based on a consideration of the following factors: 1) length of the relationship, 2) type of relationship; and 3) frequency of interaction.

Discrimination:  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, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion or sexual orientation that is so severe, persistent or pervasive that it unreasonably interferes with or limits a student’s ability to participate in or benefit from the university’s educational program or activities.

Discriminatory Harassment:  Detrimental action based on an individual’s actual or perceived gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, sexual orientation or other protected status that is so severe, persistent or pervasive that it unreasonably interferes with or limits a student’s ability to participate in or benefit from the university’s educational program or activities.

Domestic Violence:  includes felony or misdemeanor crimes of a violent nature committed by a current or former spouse of the victim, by a person cohabitating (or has been), by a person similarly situated to a spouse or victim, or by a person against an adult or youth victim

Force: the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent (“Have sex with me or I’ll hit you.  Okay, don’t hit me, I’ll do what you want.”).  

Hostile Environment: includes any situation in which there is harassing conduct that is sufficiently severe, pervasive and objectively offensive that it alters the conditions of employment or limits, interferes with or denies educational benefits or opportunities, from both a subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint. 

Incapacitation: a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction).

Intimidation: defined as implied threats or acts that cause an unreasonable fear of harm in another.

Non-consensual sexual contact:  is any intentional sexual touching, however slight, with any object, by a man or a woman upon a man or a woman that is without consent and/or by force.

Non-consensual sexual intercourse: is any sexual intercourse however slight, with any object, by a man or woman upon a man or a woman that is without consent and/or by force.

Quid Pro Quo: 1) unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; and 2) submission to or rejection of such conduct results in adverse educational or employment action.

Retaliatory Harassment:  Intentional action taken by an accused individual or allied third party, absent legitimate non-discriminatory purposes, that harms an individual as reprisal for filing or participating in a civil rights grievance proceeding.

Sexual Exploitation: Occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses.

Sexual Harassment:  Unwelcome, gender-based verbal or physical conduct is sufficiently severe, persistent or pervasive that it has the effect of unreasonably interfering with, limiting or denying someone the ability to participate in or benefit from the university’s educational program.  The unwelcome behavior may be based on power differentials (quid pro quo), the creation of a hostile environment or retaliation.  Examples include:  an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to egregious, unwanted sexual attention; to punish a refusal to comply; to condition a benefit on submitting to sexual advances; sexual violence; intimate partner violence, stalking; gender-based bullying.

Stalking: defined as repetitive and/or menacing pursuit, following, harassment and/or interference with the peace and/or safety of a member of the community; or the safety of any of the immediate family of members of the community.