Definitions

Sexual penetration without consent (e.g. rape), sexual contact without consent (e.g. fondling), incest, or statutory rape.

Taking sexual advantage of another person without consent (e.g. voyeurism, indecent exposure, recording a person’s intimate activity without consent, distributing sexual information without consent, or inducing incapacitation with intent to engage in sexual conduct).

A course of conduct directed at a specific person that is unwelcome and that would cause a reasonable person to fear for their safety {or the safety of a third party) or suffer substantial emotional distress. Conduct that can amount to stalking may include two or more actions directed at another person, whether done directly, indirectly, through others, via devices, or via any other methods or means (specifically including electronic means).

Intimidation, harassment, physical abuse, sexual abuse, emotional abuse, or interference with the personal liberty of any person by someone in an intimate relationship. Individuals encompassed in the definition of Dating Violence include, but are not limited to: persons who have or have had a dating relationship and persons who have or have had a social relationship of a romantic or intimate nature. Individuals encompassed in Domestic Violence include, but are not limited to: current and former spouses, current and former domestic partners, intimate partners or dating partners who share or formerly shared a common dwelling, and persons who otherwise have a child in common or share a relationship through a child.

Sexual harassment is an unwelcome conduct of a sexual nature where sexual favors are used or threatened to be used as a basis for academic or employment decisions (quid pro quo harassment); where the conduct creates a hostile, intimidating, or offensive academic or working environment; where the conduct has the effect of unreasonably interfering with an individual’s work performance; or where other verbal, nonverbal, or physical conduct of a sexual nature that is sufficiently severe, persistent, or pervasive to limit a person’s ability to participate in or benefit from an educational program or activity.

Any penetration of the sex organs, anus, or mouth of another person when consent is not present, or any penetration of the mouth of another person when consent is not present.

Knowingly touching or fondling a person’s genitals, breasts, thighs, groin, or buttocks, or knowingly touching a person with one’s own genitals, breasts or buttocks, when consent is not present. This includes contact done directly or indirectly through clothing, bodily fluids, 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 else.

Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by the laws of the state in which the incident occurred.

Sexual intercourse with a person who is under the statutory age of consent under the laws of the state in which the incident occurred.

Material adverse action taken against any individual for reporting, providing information, exercising one’s rights or responsibilities, or otherwise being involved in the process of responding to, investigating, or addressing allegations of sexual misconduct.

A knowing and voluntary agreement to engage in specific sexual activity at the time of the activity. In order to be valid, consent must be knowing, voluntary, active, present and ongoing. Consent is not present when an individual is incapacitated due to alcohol, drugs, sleep or other condition.

The inability to give consent because of age, physical condition, or disability that impairs the individual’s ability to provide consent. Reasons why one could lack capacity to give consent due to a physical condition includes, but are not limited to, consumption of drugs or alcohol (voluntarily or involuntarily) or being in a state of unconsciousness, sleep, or other state in which the person is unaware that sexual activity is occurring.