Student Handbook: Sexual Violence

Sexual violence is a particularly severe form of prohibited sexual harassment. Sexual violence includes physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent because of his or her temporary or permanent mental or physical incapacity, because he or she is below the minimum age of consent in the applicable jurisdiction, or because of his or her incapacitation due to the use of drugs and/or alcohol. Other types of conduct may also constitute sexual violence.

Examples of Sexual Violence

• Rape or sexual assault: sexual intercourse (anal, oral, or vaginal) by a man or woman upon a man or woman without consent.
• The use of force or coercion to effect sexual intercourse or some other form of sexual contact with a person who has not given consent.
• Unwilling sexual penetration (anal, vaginal, or oral) or other sexual touching with any object or body part that is committed by force, threat, intimidation, or otherwise without consent.
• Having sexual intercourse with a person who is unconscious because of drug or alcohol use.
• Hazing that involves penetrating a person’s vagina or anus with an object.

Sexual exploitation, which includes, but is not limited to, the following:

• Sexual voyeurism.
• Use of the “date rape drug” to effect sexual intercourse or some other form of sexual contact with a person.
• Knowingly transmitting a sexually transmitted disease such as HIV to another person through sexual activity.
• Secretly videotaping or photographing sexual activity where the other party has not consented.
• Disseminating sexual pictures or videos of another person without consent regardless if the pictures or videos were obtained with consent.
• Prostituting another person.

Consent

Lack of consent is a critical factor in determining whether sexual violence has occurred. Consent is informed, freely given, and mutually understood. Consent requires an affirmative act or statement by each participant. Consent is not passive.

• If coercion, intimidation, threats, and/or physical force are used, there is no consent.
• If a person is mentally or physically incapacitated or impaired by alcohol or drugs such that the person cannot understand the fact, nature, or extent of the sexual situation, there is no consent.
• Warning signs of when a person may be incapacitated due to drug and/or alcohol use include: slurred speech, falling down, passing out, and vomiting.
• If a person is asleep or unconscious, there is no consent.
• If a person is below the minimum age of consent in the applicable jurisdiction, there cannot be consent.
• Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
• Consent can be withdrawn. A person who initially consents to sexual activity is deemed not to have consented to any sexual activity that occurs after he or she withdraws consent.
• Being in a romantic relationship with someone does not imply consent to any form of sexual activity.
• Effective consent may not exist when there is a disparity in power between the parties (e.g., faculty/student, supervisor/employee).