civil-rights-and-sexual-misconduct-reporting-response-procedure-8-25-2021.pdf

consent because of their age or because of their temporary or permanent mental or physical incapacity.  Fondling : the touching of the private body parts of another person for the purpose of sexual gratification without consent of the victim. This includes instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.  Incest : non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.  Statutory Rape : non-forcible sexual intercourse with a person who is under the statutory age of consent. • Sexual Exploitation : taking sexual advantage of another person or violating the sexual privacy of another person when consent is not present. Acts of sexual exploitation include, but are not limited to, observing or permitting others to witness or observe the sexual activity of another person without that person’s consent; indecent exposure; inducing others to expose themselves when consent is not present; recording or distributing information, images, or recordings of any person engaged in sexual activity or in a private space without that person’s consent; prostituting another individual; knowingly exposing another individual to a sexually transmitted disease or virus without that individual’s knowledge; and inducing incapacitation for the purpose of making another person vulnerable to non- consensual sexual activity. • Sexual Harassment : is the umbrella category including the offenses of Sexual Harassment, sexual assault, stalking, and dating violence, domestic violence and unwelcome conduct, determined by a reasonable person to be so severe and pervasive and objectively offensive that it effectively denies a person equal access to the College’s educational program or activity. Such conduct can consist of unwelcome sexual advances, requests for sexual favors or other verbal, written, graphic or physical conduct of a sexual nature, when any or all of the following are present:  Quid Pro Quo Sexual Harassment : submission to or rejection of the conduct is either implicitly or explicitly made a term or condition of an individual’s participation or continued participation in any College employment or Education Program or Activity, or otherwise forms the basis for a decision that adversely impacts that person’s employment or educational experience.  Hostile Environment Sexual Harassment : conduct that has the effect of creating a Hostile Environment. Such conduct interferes with, limits, or effectively denies an individual’s educational or employment access, benefits, or opportunities and is severe, pervasive and objectively offensive. • Stalking : engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others; or suffer substantial emotional distress. For the 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. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. Substantial emotional distres s means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or

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