Student Code of Conduct Approved: July 3, 2018; Last Updated: August 2023 12 Domestic Violence Any violent action committed by a current or former spouse or intimate partner of the victim, a person sharing a child with the victim, or a person cohabiting with the victim as a spouse or intimate partner. Includes asserted violent misdemeanor and felony offenses committed by the victim’s current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law. 30. Sexual Assault Any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. Sexual assault can include: a. Sexual Assault I: Rape Sexual intercourse or any sexual penetration, no matter how slight, of another person’s oral, anal, or genital opening with any object (an object includes but is not limited to parts of a person’s body) without the active consent of the victim. b. Sexual Assault II: Fondling Touching a person’s intimate parts (defined as genitalia, groin, breast, or buttocks) for the purpose of sexual gratification, whether directly or through clothing, without the active consent of the victim. Sexual Assault II also includes forcing an unwilling person to touch another’s intimate parts. c. Sexual Assault III: Statutory Rape Sexual intercourse with a person who is under the age of consent. d. Sexual Assault IV: Incest Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. 31. Sexual Exploitation Nonconsensual, abusive sexual behavior that does not otherwise constitute (30) Sexual Assault or (32) Sexual Harassment. Examples of sexual exploitation include, but are not limited to: a. intentional, nonconsensual tampering with or removal of condoms or other methods of birth control and STI prevention prior to or during sexual contact in a manner that significantly increases the likelihood of STI contraction and/or pregnancy by the nonconsenting party; b. nonconsensual video or audio taping of sexual activity; c. allowing others to watch consensual or nonconsensual sexual activity without the consent of a sexual partner; observing others engaged in dressing/undressing or in sexual acts without their knowledge or consent; trafficking people to be sold for sex; and/or inducing incapacitation with the intent to sexually assault another person. 32. Sexual Harassment Sexual Harassment is unwelcome sexual advances, requests for sexual favors, or other unwanted conduct of a sexual nature, whether verbal, nonverbal, graphic, physical, or otherwise, when the conditions outlined in (1) or (2), below, are present. (1) Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or condition of a person’s employment, academic standing, or participation in any
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