Definitions – Violations Of Sexual Misconduct, VAWA Informed

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the impacted party; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

A pattern of abusive behavior that is used by an intimate partner to gain or maintain power and control over the other intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person in the family, or another household member. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

Washington State additionally defines domestic violence as physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury or assault, between family or household members; sexual assault of one family or household member by another; or stalking of one family or household member by another family or household member.

 Non-Consensual Sexual Contact is any intentional sexual touching, however slight, with any object, by a person upon another regardless of gender, without consent.

 Non-Consensual Sexual Intercourse is any sexual intercourse (anal, oral, or vaginal), however slight, with any object, by a person upon another regardless of gender, without consent.

Dating Violence and/or Domestic Violence

Any type of sexual contact or behavior that occurs by force or without consent of the recipient of the unwanted sexual activity. Falling under the definition of sexual assault is sexual activity such as forced sexual intercourse, sodomy, child molestation, incest, fondling, and attempted rape. It includes sexual acts against people who are unable to give consent either due to age or lack of capacity.

Sexual Harassment as defined by Title IX: Sexual Harassment is sex-based verbal or physical conduct that effectively denies or deprives someone from equal access to education, benefits or opportunities. There are three types of Sexual Harassment:

1. Quid Pro Quo Sexual Harassment: This exists when there are unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; and submission to or rejection of such conduct results in adverse educational or employment action.
2. Sexual Harassment: Unwelcome sex-based conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; or
3. “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30). 

Sexual Harassment as defined by PLU’s Personnel Manual: Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature when:

• Submission to such conduct or activity is made either explicitly or implicitly a term or condition of an individual’s employment or academic progress;

• Submission to or rejection of such conduct or activity is used as the basis for employment or evaluation;

• Such conduct or activity has the purpose or effect of interfering with an individual’s employment or educational performance or advancement; or

• Such conduct or activity creates an intimidating, hostile or offensive working learning or campus residential environment.

The following are examples, without limitation, of specific behavior which is prohibited under PLU’s anti-sexual harassment policy:

• Touching or grabbing a sexual part of any individual’s body.

• Touching or grabbing any other part of an individual’s body after that person has indicated or it is known that the contact is unwelcome.

• Display in the workplace or learning environment of sexually suggestive photographs, cartoons, graffiti, and/or displaying or transmitting pornography, including accessing pornographic web sites except as germane to the subject matter for educational purposes.

• Visual conduct such as leering, making sexual gestures, or displaying sexually suggestive objects.

• Verbally (or in written text or email) making or using derogatory comments, epithets, slurs, sexually explicit jokes, sexual innuendo, or comments about any employee’s body or dress.

• Gossip or questions about someone’s sexual conduct, orientation, or experiences.

• Verbal abuse of a sexual nature, graphic verbal commentary about an individual’s body, sexually degrading words to describe an individual, or suggestive or obscene letters, notes, or invitations.

• Subtle pressure for sexual activity, including unwelcome but apparently sanction-free sexual advances by a manager to a subordinate.

• Continuing to ask a person on a date (or to meet outside of work or learning environment) when that person has indicated that they are not interested.

• Retaliation for reporting harassment or threatening to report harassment.

• Advances or requests are made under circumstances implying that one’s response might affect educational or personnel decisions that are subject to the influence of the person making the proposal.

• Speech or conduct that is directed against another individual and is either abusive or severely humiliating, or persists despite the objection of the person targeted by the speech or conduct.

• Speech or conduct that is reasonably regarded as offensive and substantially impairs the academic or work opportunity of students, colleagues, or co-workers. If such speech or conduct takes place in the teaching context, it must also be persistent, pervasive, and not germane to the subject matter.

Sexual Exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of the other Sexual Misconduct offenses. Examples of behavior that could rise to the level of Sexual Exploitation include:

1. Prostituting another person
2. Recording images (e.g. video, photography) or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent.
3. Distributing images (e.g. video, photography) or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to such disclosure and objects to such disclosure.
4. Viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without the person’s consent, and for the purpose of arousing or gratifying sexual desire.

Sexual Intimidation involves, without limitation, threating another person with a sex act against them, stalking, (including cyber-stalking), and/or engaging in indecent exposure.

Sexual Misconduct includes Sexual Harassment, Sexual Assault and other Sexual Misconduct defined in this policy, Dating Violence or Domestic Violence (“Relationship Violence”), and Stalking.

A pattern of repeated and unwanted attention, intimidation, harassment, contact, or any other course of conduct, including cyber or social media stalking, directed at a specific person that would cause a reasonable person to fear for their safety or suffer substantial emotional distress.