University Employee Policy Manual & Handbook

C. Relationship Violence A pattern of abusive behavior in a current or former intimate relationship that is used by one partner to gain or maintain power and control over another partner. Relationship violence can be sexual, emotional, economic, or psychological actions or threats of actions that influence another person. Relationship violence includes, but is not limited to, dating violence and domestic violence, as defined below. • Dating violence: Any act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant and where the existence of such a relationship is determined based on a consideration of the length, type, and frequency of interactions between the persons involved in the relationship. For purposes of this definition, violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. • Domestic violence: A felony or misdemeanor crime of violence, based on sex, committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Alabama, or by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Alabama. D. Sexual Assault Any actual or attempted sexual contact with another person without consent, including instances where the Complainant is incapable of giving consent. Sexual contact includes penetration of a person’s body parts, by any object or body part of another, in a sexual manner or causing a person without consent to penetrate themselves or another’s body as described herein. Sexual contact also includes fondling, which is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the other person. Sexual contact does not require skin to skin contact. Sexual assault can occur between individuals of the same or different sexes and/or genders. The regulations applying Title IX of the Education Amendments of 1972 define sexual assault as an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. For more detailed information about conduct that may constitute sexual assault, refer to the Procedures for Responding to Reports and Complaints of Title IX Sexual Harassment. E. Sexual Exploitation Taking sexual advantage of another without consent for one’s benefit or the benefit of another party. This may include but is not limited to the following: threatening to disclose an individual’s sexual orientation, gender identity, or gender expression unless the individual submits to sexual demands; observing or allowing others to observe sexual activity of others without their knowledge or consent; streaming images of sexual activity without the knowledge or consent of those involved; causing the incapacitation of another person for the purpose of compromising that person’s ability to give consent to sexual activity; knowingly exposing another individual to a sexually-transmitted infection without the individual’s knowledge; and knowingly making a materially false representation about sexually transmitted infection, birth control, or prophylactic status with the specific intent and effect of inducing the Complainant to participate in a specific sexual act or encounter.

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