What is Sexual Misconduct

SEXUAL MISCONDUCT OFFENSES INCLUDE, BUT ARE NOT LIMITED TO:

             1. Sexual Harassment

             2. Non-Consensual Sexual Intercourse (or attempts to commit same)

             3. Non-Consensual Sexual Contact (or attempts to commit same)

             4. Sexual Exploitation

 

1.  SEXUAL HARASSMENT

            • Gender-based verbal or physical conduct

            • that has the purpose or effect of

            • unreasonably interfering

            • with an individual’s work or academic performance

            • or creates an intimidating, hostile, or offensive working or educational environment

Three Types of Sexual Harassment

A.  Hostile Environment  includes any situation in which there is harassing conduct that is sufficiently severe, pervasive/persistent and patently offensive so that it alters the conditions of education or employment, from both a subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint.  The determination of whether an environment is “hostile” must be based on all of the circumstances.   

B.  Quid pro quo sexual harassment exists when there are:

1) unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; and

 2) submission to or rejection of such conduct results in adverse educational or employment action.

C.  Retaliation The College will sanction a faculty, student or staff member who harasses, intimidates or otherwise retaliates against a person because of the person’s participation in an investigation of discrimination or sexual misconduct.  Retaliation includes but is not limited to threats or actual violence against the person or their property, adverse educational or employment consequences, ridicule, taunting, bullying or ostracism.

2.  NON-CONSENSUAL SEXUAL INTERCOURSE:

            Non-Consensual Sexual Intercourse is

  • any sexual intercourse (anal, oral, or vaginal),
  • however slight,
  • with any object,
  • by a man or woman upon a man or a woman,
  • without effective consent.

3.  NON-CONSENSUAL SEXUAL CONTACT:

Non-Consensual Sexual Contact is

            • any intentional sexual touching,

            • however slight,

            • with any object,

            • by a man or a woman upon a man or a woman,

            • without effective consent.

4.  SEXUAL EXPLOITATION

Occurs when a student takes non-consensual or abusive sexual advantage of another for his/her 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 other sexual misconduct offenses.  Examples of sexual exploitation include, but are not limited to:

            • prostituting another student;

            • non-consensual video or audio-taping of sexual activity;

            •going beyond the boundaries of consent (such as letting your friends hide in the closet to watch  you having consensual sex);

            • engaging in Peeping Tommery;

            • knowingly transmitting a sexually transmitted infection or HIV to another student.

 

Important Definitions Regarding Sexual Misconduct

Effective consent

Effective consent is active, not passive.  Silence, in and of itself, cannot be interpreted as consent.  Effective consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding the conditions of sexual activity —who, what, when, where, why and how sexual activity will take place.  In order to be effective, consent cannot be procured by use of physical force, compelling threats, intimidating behavior, or coercion.  Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.  In Arkansas, the age of consent is 16 years of age.

 

Incapacitation

If you have sexual activity with someone you know to be—or should know to be—mentally or physically incapacitated (alcohol or other drug use, unconsciousness or blackout), you are in violation of this policy.   

• Any time sexual activity takes place between individuals, those individuals must be capable of controlling their physical actions and be capable of making rational, reasonable decisions about their sexual behavior.   

• This policy also covers someone whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the taking of a so-called “date-rape” drug.  Possession, use and/or distribution of any of these substances, including Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another student for the purpose of inducing incapacity is a violation of this policy.  More information on these drugs can be found at http://www.911rape.org/.

• Use of alcohol or other drugs will never function to excuse behavior that violates this policy.

Sexual Orientation

The requirements of this policy are blind to the sexual orientation or preference of individuals engaging in sexual activity.   

Sexual Activity

• Intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; an intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

• Intercourse however slight, meaning vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact).