2017-18_Student_Handbook - page 143

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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 voyeurism or surreptitiously intruding on another’s right to
sexual privacy,
4. Knowingly exposing another to a sexual transmitted disease or HIV,
5. Prostituting another person or one’s self,
6. Surreptitiously creates or possesses sexual images of another,
7. Disseminating unsolicited sexual images, or
8. Recording, photographing, disseminating, publishing (electronically or
otherwise) or relaying sexual images of another without written consent.
o. Sexual harassment is harassment, whether between individuals of the same
or different sex, which includes unwelcome behavior or conduct of a sexual
nature that is made, either explicitly or implicitly, a condition of an individual’s
education, employment, or participation in university-sponsored programs or
activities or the submission to or rejection of such behavior or conduct is a factor
in decisions affecting that individual’s education, employment, or participation
in university-sponsored programs or activities. It has the effect of interfering
with a person’s work or a student’s academic performance, or it creates an
objectively hostile environment.
p. Sexual Misconduct is any conduct that qualifies as sexual assault, sexual
exploitation, or sexual harassment.
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