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sufficiently severe, pervasive or persistent that it denies or limits a person’s

ability to participate in or benefit from any educational program, activity and/or


g. Incapacitation is a statewhere a person cannotmake rational, reasonable decisions

because they lack the capacity to give consent, due to the use of drugs or alcohol,

unconsciousness, or because of an intellectual or other disability.

h. Intimidation is threats or acts that cause reasonable fear.

i. Misconduct is any conduct that qualifies as bullying, coercion, cyber-bullying,

domestic/dating violence, sexual assault, sexual exploitation, sexual harassment,

stalking, or other harassment as a result of a person’s gender, sexual orientation or

gender identity.

j. Retaliation is any type of harassment or adverse action taken against a person

because of their participation in a misconduct investigation.

k. Responsible employees include all LRSC faculty and staff. Responsible employees

must address sex and gender-based discrimination and harassment, and report

misconduct to the Title IX Coordinator or a vice-president.

l. Sexual Activity includes both sexual acts and sexual contact.

1. Sexual Act is sexual contact involving penetration, however slight, between

the penis and the vulva, the penis and the anus, the penis and the mouth, the

mouth and the vulva, or any other portion of the human body and the penis,

anus or vulva; or the use of an object which comes in contact with the victim’s

penis, vulva or anus.

2. Sexual Contact means any touching, whether or not through the clothing or

other covering, of sexual or other intimate parts of the person. Intimate parts

would include the groin, buttocks, breasts or genitalia (penis/vulva).

m. Sexual Assault is when a person knowingly engages in sexual activity with another

or who causes another person to engage in sexual activity:

1. Without consent,

2. Using force, threats, intimidation or coercion,

3. When a person knows or has reasonable cause to believe that the victim is

unaware that sexual activity is being committed upon him or her,

4. When a person knows or has reasonable cause to believe that the victim

suffers from a mental disease or defect which renders the victim incapable of

understanding the nature of the person’s conduct, or

5. When a person, or someone with knowledge of that person’s intent, has

substantially impaired the victim’s power to appraise or control the victim’s

conduct by administering or employing, without the victim’s knowledge,

intoxicants, a controlled substance, or other means for the purpose of

preventing resistance.

n. Sexual Exploitation is the intent to arouse, appeal to, or gratify a person’s lust,

passions or sexual desires. This may include, but is not limited to:

1. Masturbating in a public place or in the presence of a minor,

2. Exposing one’s penis, vulva, or anus in a public place or to a minor in a public

or private place,

3. Engaging in voyeurismor surreptitiously intruding on another’s right to sexual


4. Knowingly exposing another to a sexual transmitted disease or HIV,

5. Prostituting another person or one’s self,