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Division of Student Affairs

Sexual Misconduct, Sexual Assault, Sexual Harassment and Stalking

These policies are taken directly from the Student Code of Responsibility

 

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.

 

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.

 

 

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.

Contact

Office of the Vice President for Student Affairs 503-838-8221 | or e-mail: studentaffairs@wou.edu

MissionWestern Oregon University | 345 N. Monmouth Ave. | Monmouth OR 97361 | 503-838-8000(V/TTY) | Admissions 1-877-877-1593 | webmaster@wou.edu Text only
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