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Discriminatory Harassment: Discriminatory harassment is defined as any oral, written, physical, or symbolic behavior that is based on an individual's membership (or perceived membership) in a particular demographic group, including race, color, national origin, ethnicity, sex, sexual orientation, gender, gender identity, age, religion, or disability, and interferes with a reasonable person's academic or work performance, creates an intimidating, hostile or offensive environment for a person, or subjects a person to unwanted and unsolicited attention. Such behaviors include, but are not limited to, the use of slurs, epithets, name-calling, gestures, demeaning jokes, derogatory stereotypes, bullying, or conduct that may be physically threatening, harmful or humiliating or cause a person to feel unsafe.
Sexual Harassment: For purposes of this Policy, sexual harassment includes any unwelcome sexual advances, requests for sexual favors, or other unwelcome conduct of a sexual nature. Sexual harassment may be found in a single episode as well as in persistent behavior. Sexual harassment also includes unwelcome sexual conduct when:
- such conduct has the purpose or effect of interfering with an individual's academic and/or work performance or of creating an intimidating, hostile, or offensive living, learning or working environment; or
- submission to such conduct is made (explicitly or implicitly) a term or condition of an individual's employment or education; or submission to or rejection of such conduct by an individual is used as the basis for academic or employment decisions affecting that individual.
Sexual Assault: Sexual assault is any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent.
a. Rape is the penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
b. Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of age or because of temporary or permanent mental incapacity.
c. Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
d. Statutory Rape is sexual intercourse with a person who is under the statutory age of consent.
Sexual Exploitation: Sexual exploitation is a form of sexual harassment, and it includes taking non-consensual sexual advantage of another for one’s own benefit or for the benefit of anyone other than the one being exploited. Examples include, but are not limited to, videotaping sexual acts without consent of both partners; allowing others to observe sexual activities without the consent of both partners; endangering the health of another person by knowingly exposing him/her to an STI or HIV; inducing incapacitation of another through encouragement to consume excess quantities of alcohol or giving the person alcohol or other drugs without his/her knowledge with the purpose of having sex with the other person.
Sexual Coercion: Sexual Coercion is the act of using pressure or force to have sexual contact with someone who has already refused or not consented.
Sexual Battery: Sexual battery is generally defined as the non-consensual touching of another with intent to arouse or gratify the sexual desire of the offender. Examples include groping, touching genitals over or under clothing, etc.
Dating Violence: Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship will be based on a consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship.
Domestic Violence: Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the state.
Stalking: The term "stalking" means a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or to suffer substantial emotional distress. A person commits the crime of stalking when the person either: (i) engages in a course of conduct or repeatedly commits acts toward another person, including following the person without proper authority, under circumstances which demonstrate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person; or (ii) engages in a course of conduct or repeatedly communicates to another person under circumstances which demonstrate or communicate either an intent to place such other person in reasonable fear of bodily injury or to cause substantial emotional distress to such other person.
Consent: Sexual activity requires consent, which is defined for purposes of this Policy as clear, unambiguous, and voluntary agreement between the participants to engage in specific sexual activity. Consent cannot be inferred from the absence of a "no"; a clear "yes," verbal or otherwise, is necessary. Although consent does not need to be verbal, verbal communication is the most reliable form of asking for and gauging consent, and individuals are thus urged to seek consent in verbal form. Talking with sexual partners about desires and limits may seem awkward, but serves as the basis for positive sexual experiences shaped by mutual willingness and respect. Consent cannot be obtained from someone who is asleep or otherwise mentally or physically incapacitated, whether due to alcohol, drugs, or some other condition. Consent cannot be obtained by threat, coercion, or force. Agreement given under such conditions does not constitute consent. Consent must be clear and unambiguous for each participant throughout any sexual encounter. Consent to some sexual acts does not imply consent to others, nor does past consent to a given act imply ongoing or future consent. Consent can be revoked at any time. For all of these reasons, sexual partners must evaluate consent in an ongoing fashion and should communicate clearly with each other throughout any sexual encounter.
Responsible Employee: A “responsible employee” for purposes of this includes all Seton Hill University employees except the professional counselors in the Counseling Center and Family Therapy Center, the health service providers in the Wellness Center, the Director of Campus Ministry and other priests and pastoral counselors. Responsible employees have an obligation to promptly report incidents of sexual violence or other types of misconduct prohibited by this policy to the Title IX Coordinator or one of the Deputy Title IX Coordinators listed in Section IV below. The report should include all relevant details about the alleged incident that a student or another person has shared with the responsible employee, including the name of the alleged respondent (if known), the student or other member of the campus community who experienced the alleged misconduct, others involved in the incident as well as the date, time and location of the incident. Before a student reveals this type of information to a responsible employee, the responsible employee should make every effort to ensure that the student understands the employee’s reporting obligation and the student’s option to request that the University maintain his or her confidentiality (which request would be considered by the Title IX Coordinator), and the student’s right to share the information confidentially with certain individuals on camp.