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Sexual Misconduct Policies

Sexual Misconduct Policies

Sexual Misconduct, Sexual Assault, Sexual Harassment, Intimate Partner Violence, Domestic Violence, Dating Violence and Stalking

These policies are taken directly from the Student Code of Responsibility

 

The University prohibits all forms of sexual misconduct.  Sexual misconduct is an umbrella term encompassing a range of behavior, including sexual harassment, sexual violence, sexual assault, intimate partner violence, domestic violence, dating violence, and stalking. In general, sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to incapacitation.  Intimate partner violence refers to any act of violence or threatened act of violence, sexual or otherwise, against a person who is or has been involved in a sexual, dating, domestic or other intimate relationship with that person.  The prohibited conduct of this policy includes a broad range of behavior.

Within these broad categories, the University prohibits sexual harassment, sexual assault, sexual exploitation, harm to others, stalking and retaliation.

Sexual Misconduct is non-consensual sexual contact of any kind, the attempt to have non-consensual sexual contact or the threat of such contact.  Sexual contact shall be considered non-consensual if no clear consent is freely given.

  • Sexual contact includes but is not limited to touching of the genitalia, anus, buttocks, breast or mouth, as well as, any contact for the purpose of sexual gratification.
  • Sexual behavior includes but is not limited to any action, short of sexual contact, done for the purposes of sexual gratification, and may include but is not limited to voyeurism, exposing, masturbation, frottage (eg. rubbing against someone), and audio/video recording.
  • Force includes but is not limited to physical force, violence, abuse, threat of force (direct or implied), intimidation, extortion, harassment, coercion, fraud, duress or pressure.
  • Sexual exploitation occurs when a person takes non-consensual, unjust or abusive advantage of another in a sexual or intimate context, for their own advantage or benefit, or to the benefit or advantage of anyone other than the one being exploited, and that behavior does not otherwise constitute non-consensual sexual misconduct.   Sexual exploitation includes permitting or facilitating non-consensual viewing, taking of photographs, videotaping, or audio taping of sexual or intimate activity, knowingly infecting another person with HIV or any sexually transmitted infection, inducing incapacitation of another person with the intent to facilitate sexual misconduct against that person, or compelling prostitution.

Sexual Harassment, whether or not it be by direct physical attack as defined below, includes, but is not limited to, sexual advances, requests or suggestions to engage in sexual conduct, and other physical and expressive behavior of a sexual nature when:

  • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or education;
  • Submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting the individual; or
  • Such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance or creates an intimidating or hostile employment, educational, or living environment.

Domestic Violence is a pattern of abusive behaviors that are used to gain or maintain power and control over an intimate partner. A charge of misconduct occurs when the domestic violence is perpetrated by:

  • A current or former spouse or intimate partner of the victim;
  • An adult who is related to the victim by blood or marriage;
  • A person with whom the victim shares a child in common;
  • A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
  • A person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Oregon;
  • By any other person against an adult or youth victim who is protected from that person’s acts under the Oregon Domestic Violence laws of the State of Oregon.

Intimate Partner Violence is also referred to as dating violence, domestic violence, and relationship violence. Intimate partner violence includes:

  • Any act of violence or threatened act of violence against a person who is or has been involved in a sexual, dating, domestic, or other intimate relationship by the other person in the relationship.
  • One act or an ongoing pattern of behavior.

Intimate partner violence can encompass a broad range of behavior, including but not limited to physical violence, sexual violence, emotional violence, and economic abuse. Intimate partner violence may take the form of threats, assault, property damage, violence or threat of violence to one’s self, one’s sexual or romantic partner, and/or to the family members or friends of the sexual or romantic partner. Intimate partner violence affects individuals of all genders, gender identities and expressions, sexual orientation, and racial, ethnic, social, and economic backgrounds.

Stalking another person which includes but is not limited to:

  • Following or lying in wait for the victim, the victim’s relatives, friends or pets;
  • Repeated unwanted, intrusive and frightening contact from the perpetrator by phone, mail, electronically or otherwise;
  • Damaging the victim’s property;
  • Making indirect or direct threats to harm the victim, the victim’s relatives, friends or pets;
  • Repeatedly sending the victim unwanted gifts;
  • Harassment through the internet, known as “cyberstalking,” “online stalking,” or “internet stalking”; or
  • Securing and accumulating personal information about the victim by accessing public records, using internet search devices, hiring private investigators, contacting friends, family, work, or neighbors, going through the victim’s garbage, etc.

The following definitions will apply to sexual misconduct:

Non-consensual is the absence of shared sexual permission.  Shared sexual permission is clear, voluntary, non-coerced and clearly indicates a willingness to participate in sexual contact/behavior, whether through affirmative verbal response or non-verbal communication unmistakable in meaning and given by an adult (age 18 or older).  Shared sexual permission to one form of sexual contact/behavior does not operate as permission to any other form of sexual contact/behavior or reoccurrence of the same form of sexual contact/behavior.

Incapacitation is a mental or physical condition that renders a person unable to grant consent.  Incapacitation may be a state or condition resulting from the use of alcohol or other drugs, unconsciousness, sleep, or lack of sleep.  Incapacitation may also be the result of a cognitive impairment, such as a developmental disability, brain injury, or mental illness.

Coercion is a direct or implied threat of force, violence, danger, hardship, or retribution sufficient to persuade a reasonable person of ordinary susceptibility to perform an act which otherwise would not have been performed or acquiesce in an act to which one would not have submitted.  Coercion can include unreasonable pressure for sexual activity.  Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another.  A person’s words or conduct cannot amount to coercion unless the person wrongfully impairs another individual’s freedom of will and ability to choose whether or not to engage in sexual activity.  When an individual makes it clear that there is no interest to engage in sexual activity, that the person wants to stop, or that the person does not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

 

Harassment, Discrimination, Bullying or Stalking Behavior

Harassment includes, but is not limited to:

  • Physical contact with or physical interference with a person which:
    • Is objectively offensive;
    • Causes pain;
    • Prevents or disrupts the person from any lawful chosen activity;
    • Puts the person in fear for safety; or
    • Causes damage to person or property.
  • Conduct without physical contact or physical interference with a person, including but not limited to harassing, bullying or threatening behavior, including verbal communication, which is intended to and has the effect of:
    • Substantially disrupting another person’s lawful activity;
    • Causing another person to be subject to unwelcome or offensive physical contact;
    • Causing personal injury or property damage or risk of personal injury or property damage;
    • Causing another person to be subject to unwelcome and objectively unreasonable interference with mental and emotional health;
    • Putting the person in fear for safety; or
    • Harassing or bullying another person based on their actual or perceived race, color, national origin, sex, disability, sexual orientation, gender identity, or religion.
  • Repeatedly contacting another person when:
    • The contacting person knows or should know that the contact is unwanted by the contacted person; and
    • The contact causes the contacted person reasonable apprehension of imminent physical harm or the contacting person knows or should know that the contact causes the contacted person mental anguish or distress or substantial impairment of the contacted person’s ability to perform the activities of daily life. As used in this context, “contacting” includes but is not limited to communicating with or remaining in the physical presence of the contacted person.
  • Stalking another person which includes but is not limited to:
    • Following or lying in wait for the victim, the victim’s relatives, friends or pets;
    • Repeated unwanted, intrusive and frightening contact from the perpetrator by phone, mail, electronically or otherwise;
    • Damaging the victim’s property;
    • Making indirect or direct threats to harm the victim, the victim’s relatives, friends or pets;
    • Repeatedly sending the victim unwanted gifts;
    • Harassment through the internet, known as “cyberstalking,” “online stalking,” or “internet stalking”; or
    • Securing and accumulating personal information about the victim by accessing public records, using internet search devices, hiring private investigators, contacting friends, family, work, or neighbors, going through the victim’s garbage, etc.

It is a defense to any charge of harassment if the alleged harassing conduct is not objectively unreasonable.