Sex- and gender-based discrimination: Unfairly treating an individual or group of individuals differently than others on the basis of sex or gender. Sexual misconduct is a form of sex- and gender-based discrimination.
Sexual misconduct: Conduct of a sexual nature or conduct based on sex or gender that is nonconsensual or has the effect of threatening, intimidating, or coercing a person. Includes sexual harassment, sexual violence, relationship violence, and stalking. Sexual misconduct is a form of sex- and gender-based discrimination.
Sexual harassment: In the employment context, sexual harassment is unwelcome, sex- or gender-based verbal or physical conduct that unreasonably interferes with an individual’s work performance or creates an intimidating, hostile, or offensive work environment.
In the education context, sexual harassment is unwelcome, sex- or gender-based verbal or physical conduct that is sufficiently severe, persistent, or pervasive that it interferes with, denies, or limits an individual’s ability to participate in or benefit from HUC-JIR’s educational programs and activities.
It can take two forms: power differentials (quid pro quo) or hostile environment:
Quid pro quo sexual harassment exists when:
Hostile environment in the employment context includes any situation in which there is harassing conduct that is sufficiently severe, persistent, or pervasive that it unreasonably interferes with an individual’s work performance or creates an intimidating, hostile, or offensive work environment. Hostile environment in the education context includes any situation in which there is harassing conduct that limits, interferes with, or denies educational benefits or opportunities, from both a subjective (the complainant’s) and an objective (reasonable person’s) viewpoint.
All such acts of sexual harassment are forms of sexual misconduct under this policy.
Sexual violence: Sexual acts perpetrated against an individual’s will or when an individual is incapable of giving consent.
All such acts of sexual violence are forms of sexual misconduct under this policy.
Sexual assault: Any forced or coerced sexual activity, committed against a person’s will or without affirmative consent. Rape is a sexual assault that includes but is not limited to forcing or attempting to force vaginal, anal, and oral penetration. In addition to rape, sexual assault also includes having or attempting to have sexual contact of any kind with another individual without affirmative consent. Sexual contact can include, but is not limited to, kissing, touching the intimate parts of another, causing the other to touch one’s intimate parts, or disrobing another without permission or affirmative consent. Rape and sexual assault are crimes of violence with sex used as a weapon that can be committed by strangers, friends, relatives, dates, boyfriends, girlfriends, partners, lovers and/or spouses.
Non-consensual sexual contact: Any intentional sexual touching, however slight, with any body part or object, by any individual upon another that is without consent and/or by force or coercion.
Sexual contact includes: intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts or object, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth, or other orifice.
Non-consensual Sexual Penetration: Any sexual penetration, however slight, with any body part or object, by any individual upon another that is without consent and/or by force or coercion. Sexual penetration includes: vaginal penetration by a penis, object, tongue, or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact); no matter how slight the penetration or contact.
Sexual exploitation: Occurs when an individual takes non-consensual or abusive sexual advantage of another for that individual’s own advantage or benefit, or to benefit or advantage anyone other than the individual being exploited, and that behavior does not otherwise constitute one of the other sexual violence offenses. Examples of sexual exploitation include, and are not limited to:
Engaging in voyeurism;
Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;
Going beyond the boundaries of consent (e.g., letting others hide in a closet to watch you having consensual sex);
Invasion of sexual privacy;
Knowingly transmitting a sexually transmitted infection (STI) to another;
Non-consensual pictures, video-, or audio-recording of sexual activity;
Possession, use, and/or distribution of alcohol or other drug (e.g., Rohypnol, Ketamine, GHB, Burundanga, etc.) for the purpose of engaging in or facilitating any activity prohibited under this policy;
All such acts of sexual exploitation are forms of sexual violence, and therefore sexual misconduct, under this policy.
Domestic violence: Conduct that would meet the definition of a felony or misdemeanor crime of violence committed by the complainant’s current or former spouse or intimate partner, a person with whom the complainant shares a child in common, a person who is or has cohabitated with the complainant as a spouse or intimate partner, or individual similarly situated to a spouse under domestic or family violence law, or anyone else protected under the domestic or family violence law of the jurisdiction in which the offense occurred. An individual need not be charged with or convicted of a criminal offense to be found responsible for domestic violence pursuant to this policy.
Dating violence: Violence or threat of violence by an individual who has been in a social relationship of a romantic or intimate nature with the complainant. Whether there was such relationship will be determined based on the reporting party’s statement and with consideration of the length and type of relationship, and the frequency of interaction of the persons involved in the relationship.
Stalking: Stalking includes repeated conduct involving unwanted attention, harassment, physical or verbal contact, or any other repeated conduct that would cause a reasonable person to fear for the person’s safety (or the safety of others) or suffer substantial emotional distress. This includes, but is not necessarily limited to, making unwelcome appearances at another’s residence; unwelcome contact via phone calls, text messages, or emails; and/or unwelcome contact through various internet or social media avenues (i.e. Facebook, Twitter, etc.).
Consent: Permission that is clear, knowing, voluntary, and expressed prior to engaging in and during an act. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity.
Title IX Coordinator: The designated college official with primary responsibility for coordinating the HUC-JIR’s compliance with Title IX. This individual provides leadership for Title IX activities; offers consultation, education, and training; and helps to ensure that HUC-JIR responds appropriately, effectively, and equitably to all Title IX issues.
Indecent Exposure: Indecent exposure includes the intentional exposure of one’s private or intimate parts of the body or engaging in any sexual conduct in a place where the conduct involved may reasonably be expected to be viewed by and affront others.