Fordham University            The Jesuit University of New York
 


Definitions of Sexual Offenses under this policy:

Definitions of Sexual Offenses:

A. Unlawful Sex and Gender Discrimination
is any action that denies a person access to, or the benefits of, any program or activity or employment opportunity, solely on the basis of sex or gender.

B. Limitations on Consensual Relationships: In order to protect the integrity of the university academic and work environment, this policy outlines limitations on consensual romantic or sexual relationships between and among faculty, staff, and students. When individuals are involved in a consensual romantic or sexual relationship and are in positions of unequal authority or power, there is the potential for a conflict of interest, favoritism, and exploitation of power. Anyone with supervisory authority or evaluative, mentoring authority who controls or influences another person’s employment, academic  advancement, extracurricular or athletic team participation, scholarship or financial support, grades, recommendations, wage status, or promotion at the University should not be in a romantic or sexual relationship with that person regardless of consent. If anyone is promoted into a position that results in a conflict with this policy limiting  consensual relationships, this information must be reported to a supervisor, vice president, or executive director of Human Resources who will contact the Title IX coordinator for assistance in resolving the conflict.

C. Sexual Harassment: is a form of sex discrimination. It is defined as unwelcome sexual
advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
1. submission to such conduct is made either explicitly or implicitly a term or
 condition of an individual’s employment or status in a program, course or activity;
2. submission to or rejection of such conduct by an individual is used as the basis for
 employment or educational decisions affecting an individual; or
3. such conduct is sufficiently pervasive, offensive, or abusive to have the purpose or
 reasonable effect of interfering with an individual’s work or educational
 performance, or creating an intimidating, hostile, or offensive work or educational
 environment.
Some examples of sexual harassment include, but are not limited to:
i. physical assault;
ii. unwanted sexual advances, requests for sexual favors or propositions of a sexual
 nature;
iii. direct or implied threats that submission to sexual advances is a condition
 for employment promotion, good grades, recommendations, etc.
iv. unwelcome verbal or physical conduct of a sexual nature which an individual
 regards as undesirable or offensive, including, but not necessarily limited to,
 sexually explicit jokes, statements and questions or remarks about sexual
 activity or experience.

D. Rape/Sexual Abuse is defined as physical sexual acts against another person that include:
vaginal, anal, or oral sexual intercourse with another person, touching sexual or intimate parts
of another person, or inserting a foreign object, however slight, into any sexual or intimate
parts of another person:
1. without consent from the other person; or by coercion or threat.
2. when the other person is incapable of giving consent due to: being physically or mentally
 helpless for any reason, including incapacity because of the use of alcohol and/or drugs,
 or is unconscious or sleeping at the time; or
3. when the other person is unable to give consent due to a disability, mental incapacity or
 age (person under 17 years of age cannot consent to sexual activity with anyone over 18
 years of age).
This definition includes, but is not limited to, any form of non-consensual intercourse and/or
sexual activity, actual or attempted, by person(s) known or unknown to the victim. See New
York State Penal Law Section(s) 130.00.
Consent is defined as all people in a sexual encounter agree to the sexual activity. Agreement to sexual activity means there are informed, freely given, mutually understandable words or actions that indicate a willingness to participate in the particular sexual activity. A person may decide at any time that he/she no longer consents and want to stop sexual activity.

Minors Lack Consent: A minor is defined as anyone less than 17 years of age and incapable of consenting to sexual activity with a person 18 years of age or older according to New York state law. The University adopts this prohibition of sexual activity by adults with minors on all University property, and at any and all University-sponsored activities or functions outside New York state regardless of out-of-state laws.
E. Other Sexual Misconduct occurs when someone takes advantage of another person without the person’s consent and is being sexually exploited or there is an attempt to sexually exploit another. Some examples of other sexual misconduct include, but are not limited to:

1. Voyeurism, or Peeping, which is exceeding the boundaries of consent whether
 purposefully watching, videotaping or recording another without their consent who
 is naked, dressing or undressing, and/or engaging in sexual activity.
2. Sexual exhibitionism where a person engages in sexually explicit activity
 in public spaces on campus or to be viewed by the public while on campus
 using computer hardware or software.
3. Displaying or distributing nude or sexually explicit images of another person on
 campus or the Internet without the person’s consent.
4. Sexual coercion is when someone threatens another by stating an intention or
 threat to expose the other person’s sexual orientation, consensual sexual
 experiences, sexually explicit photographs or videotapes or other images to family,
 friends, or the public.
5. Writing or marking of graffiti on University property that is sexually graphic in nature.
6. Unwelcome gestures of a sexual nature toward another person.

F. Forcible Touching is defined as forcibly touching sexual or intimate parts of another person for the purpose of degrading or abusing such persons, or for gratifying the actor’s sexual desire.

G. Stalking is a pattern of repeated intentional and unwanted attention, harassment, contact, following or any other course of conduct directed at a specific person that makes that person afraid, emotionally stressed, or concerned for his or her safety or property or to their immediate family members or acquaintances. Stalking occurs by frightening, unwanted communication by any means, including, but not limited to, by phone, mail or e-mail, or Internet social networks. Threats may be direct or indirect, and conduct may include, but are not limited to the following: any form of writing or leaving messages or objects for another person, damaging property, or threatening family members.

The University prohibits any member of the University community from stalking other members of the University community, on University property, at University sponsored events, functions, activities or by using University equipment or e-mail accounts to stalk another person. When a person is told by a University authority to discontinue whatever activity they are engaged in, and this activity continues, the person so warned may be expelled, suspended, terminated, and/or not be permitted to be on University property or at University functions effective immediately before any disciplinary or conduct proceeding
is undertaken.

H. Dating and Domestic Violence is a pattern of abusive behavior, usually involving an intimate relationship that is used by one partner to gain or maintain control over another partner and can also be between and among other adults and youths protected by criminal and family laws. Dating and domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound the other partner. Domestic violence may include dating violence based on the type and frequency of interaction of the relationship and how the people describe the relationship. Generally, the University will view domestic relationships as people who are currently or formerly married, domestic partners currently or formerly living together, or people with children in common.

The definition, protocols, and practices of dating vary; however, for the purposes of these grievance procedures dating is defined as people engaged in activities as a form of courtship. Whether there was such a relationship will be gauged by its length, type, and frequency of interaction.

I. Intimidation and Retaliation for Reporting: Any member of the University community or third party who attempts either directly or indirectly to: intimidate, threaten, retaliate, interfere with, restrain, coerce, discriminate against, violate a University No Contact Order, or harass any person for reporting, attempting to report, or responsibly pursuing a complaint, or is a witness cooperating in a University investigation regarding possible  violations of any of the University’s policies regarding sexual misconduct, will be subject to prompt and appropriate disciplinary action, including possible termination or expulsion  from the University.

An individual who brings a reasonable complaint of a suspected violation of the above referenced prohibited acts that is made in good faith, even if it may be found to be erroneous, will not be subject to discipline. However, the use of this policy for false, malicious, or frivolous purposes is strictly prohibited. Anyone who knowingly brings a false, malicious, or frivolous complaint against another University community member may be subject to disciplinary action.


Updated: August 2014


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