Sexual Misconduct

Document Number: STUD--133
Revision #: 2.0
Document Owner: Director of Human Resources
Date Last Updated: 06/13/2018
Primary Author: Dean of Students
Status: Approved
Date Originally Created: 11/14/2011
General Description

Information about sexual misconduct relative to students

Delineation of policy

All faculty, staff, students, and administrators

Dean of Students

Relevant Knowledge: 
Current University policy
Federal statutes
Local statutes
Standard company policies
Standards of good practice
State statutes
National Greek policies

Terms and Definitions:
Additional training
Corrective Action
Loss of privilege, general
Policy Provisions

1. Sexual Misconduct

Sexual misconduct is prohibited. Sexual misconduct includes, but is not limited to; sexual harassment, adultery, rape, other non-consensual sex offenses, sexual abuse of minors, and possession or distribution of obscene materials including “sexting” which is sending obscene photographs by E-mail or text message without authorization or of a minor. Sexual misconduct also includes instances of sexual activity with a person under the influence of alcohol or drugs who, therefore, may be legally incompetent to give consent or whose ability to make a reasonable decision is obviously impaired. Violations of the University's sexual misconduct policy will result in disciplinary action, up to and including, without limitation, removal from the residence hall, expulsion and/or referral to the appropriate law enforcement agency(ies). See specific University policies and procedures relative to this area.

1.1 Definitions

•Sexual harassment: Implicit or explicit behavior of a sexual nature used to control, influence, or affect the well-being of a person; physical conduct or verbal innuendo of a sexual nature that creates an intimidating, hostile, offensive environment.

•Rape: Forced sexual intercourse without consent through the use of threatening verbal language, gestures, or tone of voice; or through physical actions or restraint.

•Acquaintance Rape: Forced sexual intercourse by someone the victim knows.

•Date Rape: Forced sexual intercourse by someone the victim is dating.

•Stranger Rape: Forced sexual intercourse by someone the victim does not know.

•Sexual Assault: Any incident forcing another person to perform a sexual act against their will.

•Obscene Materials: To be defined as obscene they must be both

(1) materials in which a reasonable person, applying contemporary community standards when considering the contents as a whole, would conclude that they appeal to prurient sexual/physical interests or violently subordinating behavior rather than an intellectual or communicative purpose, and
(2) materials that, regarding their content and their particular usage or application, lack any redeeming literary, scientific, political, artistic, or social value.

Performance Evaluation

Performance Metrics:
Compliance with standard policy and procedure
Compliance with federal mandate

Criminal Prosecution
Further training
Job Termination
Loss of privileges
Subject Experts

The following may be consulted for additional information.

Dean of Students

Director of Human Resources