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Sexual Misconduct: Difference between revisions
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3. Sexual harassment, a type of sex discrimination, is specifically prohibited by this Policy as well as federal laws such as Title VII of the Civil Rights Act of 1964 (Title VII) and Title IX.<br /> | 3. Sexual harassment, a type of sex discrimination, is specifically prohibited by this Policy as well as federal laws such as Title VII of the Civil Rights Act of 1964 (Title VII) and Title IX.<br /> | ||
3.a. Under Title IX, sexual harassment means conduct on the basis of sex that satisfies one or more of the following:<br /> | |||
3.a.i. An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct;<br /> | |||
3.a.ii. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity; or<br /> | |||
3.a.iii. “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).<br /> | |||
3.b. Under Title VII, which applies to employees only, sexual harassment also means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment, sufficiently severe or pervasive to alter the conditions of the individual’s employment and create an abusive working environment. | |||
===Scope of Policy=== | ===Scope of Policy=== | ||
1. This Policy applies to all members of the University of Nebraska community regardless of sexual orientation or gender identity, and to all education programs and activities under the jurisdiction of the University of Nebraska.<br /> | 1. This Policy applies to all members of the University of Nebraska community regardless of sexual orientation or gender identity, and to all education programs and activities under the jurisdiction of the University of Nebraska.<br /> | ||
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For purposes of addressing complaints of sexual misconduct against or by University students and employees, the following uniform definitions shall be used by the University.<br /> | For purposes of addressing complaints of sexual misconduct against or by University students and employees, the following uniform definitions shall be used by the University.<br /> | ||
1. “Dating violence” means violence committed by a person— | 1. “Dating violence” means violence committed by a person—<br /> | ||
1.a. who is or has been in a social relationship of a romantic or intimate nature with the victim; and<br /> | |||
1.b. where the existence of such a relationship shall be determined based on a consideration of the following factors:<br /> | |||
1.b.i. The length of the relationship.<br /> | |||
1.b.ii. The type of relationship.<br /> | |||
1.b.iii. The frequency of interaction between the persons involved in the relationship.<br /> | |||
2. “Domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.<br /> | 2. “Domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.<br /> | ||
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4. “Sexual assault” means an offense that meets the definition of rape, fondling, incest or statutory rape as used in the FBI's Uniform Crime Reporting system. A sex offense is any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. | 4. “Sexual assault” means an offense that meets the definition of rape, fondling, incest or statutory rape as used in the FBI's Uniform Crime Reporting system. A sex offense is any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. | ||
4.a. Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. | |||
4.b. Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of the victim’s age or because of the victim’s temporary or permanent mental incapacity. | |||
4.c. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. | |||
4.d. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.<br /> | |||
5. “Sexual exploitation” includes, but is not limited to: prostituting another person; non- consensual visual or audio recording of sexual activity; non-consensual display or distribution of photos, images or information of an individual’s sexual activity or intimate body parts; non-consensual voyeurism; coercing someone against their will to engage in sexual activity, or; knowingly transmitting sexually transmitted disease (STD) without disclosing STD status.<br /> | 5. “Sexual exploitation” includes, but is not limited to: prostituting another person; non- consensual visual or audio recording of sexual activity; non-consensual display or distribution of photos, images or information of an individual’s sexual activity or intimate body parts; non-consensual voyeurism; coercing someone against their will to engage in sexual activity, or; knowingly transmitting sexually transmitted disease (STD) without disclosing STD status.<br /> | ||
6. “Sexual harassment” means conduct on the basis of sex that satisfies one or more of the following: | 6. “Sexual harassment” means conduct on the basis of sex that satisfies one or more of the following: | ||
6.a. An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct; | |||
6.b. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity; | |||
6.c. Sexual assault (see definition herein); | |||
6.d. Dating violence (see definition herein); | |||
6.e. Domestic violence (see definition herein); or | |||
6.f. Stalking (see definition herein)<br /> | |||
To be considered sexual harassment for the purposes of Title IX, the conduct must meet the additional requirements of occurring in the University’s education program or activity and against a person in the United States.<br /> | To be considered sexual harassment for the purposes of Title IX, the conduct must meet the additional requirements of occurring in the University’s education program or activity and against a person in the United States.<br /> | ||
For employees, sexual harassment also means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment, sufficiently severe or pervasive to alter the conditions of the individual’s employment and create an abusive working environment. | For employees, sexual harassment also means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment, sufficiently severe or pervasive to alter the conditions of the individual’s employment and create an abusive working environment. | ||
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8. “Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—<br /> | 8. “Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—<br /> | ||
8.a. fear for their safety or the safety of others; or | |||
8.b. suffer substantial emotional distress. | |||
===Other Definitions=== | ===Other Definitions=== | ||
1. “Actual knowledge” means notice of sexual harassment or allegations of sexual harassment to the University’s Title IX Coordinator or any official of the University who has authority to institute corrective measures on behalf of the University. ‘‘Notice’’ as used in this paragraph includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator.<br /> | 1. “Actual knowledge” means notice of sexual harassment or allegations of sexual harassment to the University’s Title IX Coordinator or any official of the University who has authority to institute corrective measures on behalf of the University. ‘‘Notice’’ as used in this paragraph includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator.<br /> | ||
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3. “Consent” is a freely and affirmatively communicated willingness to participate in particular sexual activity or behavior, expressed either by words or clear, unambiguous actions.<br /> | 3. “Consent” is a freely and affirmatively communicated willingness to participate in particular sexual activity or behavior, expressed either by words or clear, unambiguous actions.<br /> | ||
3.a. Consent can be withdrawn at any time, as long as the withdrawal of consent is clearly communicated by words or actions.<br /> | |||
3.b. Consent cannot be coerced or compelled by force, threat, deception, or intimidation.<br /> | |||
3.c. Consent cannot be given by someone who is incapacitated or does not have the legal capacity to consent, as defined below in the definition of “incapacitated”.<br /> | |||
3.d. Consent cannot be assumed based on silence, the absence of “no” or “stop,” the existence of a prior or current relationship, or prior sexual activity.<br /> | |||
There are some persons who Nebraska law presumes are incapable of consenting to sexual contact or penetration as defined by Nebraska law by an actor by reason of their age. Under Nebraska law an actor nineteen years of age or older may not subject a person under the age of sixteen years of age to sexual penetration, or a person under fifteen years of age to sexual contact. | There are some persons who Nebraska law presumes are incapable of consenting to sexual contact or penetration as defined by Nebraska law by an actor by reason of their age. Under Nebraska law an actor nineteen years of age or older may not subject a person under the age of sixteen years of age to sexual penetration, or a person under fifteen years of age to sexual contact. | ||
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15. “Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute sexual misconduct. A Respondent may also be referred to as a “party”.<br /> | 15. “Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute sexual misconduct. A Respondent may also be referred to as a “party”.<br /> | ||
16. “Serious personal injury” means great bodily injury or disfigurement, extreme mental anguish or mental trauma, pregnancy, disease, or loss or impairment of a sexual or reproductive organ.<br /> | 16. “Serious personal injury” means great bodily injury or disfigurement, extreme mental anguish or mental trauma, pregnancy, disease, or loss or impairment of a sexual or reproductive organ.<br /> | ||
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2. Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution will receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.<br /> | 2. Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution will receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.<br /> | ||
3. In addition to the training described above, Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process will receive the following training:<br /> | 3. In addition to the training described above, Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process will receive the following training:<br /> | ||
a.3. Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, will receive training on<br /> | a.3. Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, will receive training on<br /> | ||
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4. The Protection from Domestic Abuse Act makes the Nebraska Department of Health and Human Services (DHHS) responsible to provide victims of domestic abuse emergency services, support programs, limited medical help and legal assistance in obtaining a protection order. | 4. The Protection from Domestic Abuse Act makes the Nebraska Department of Health and Human Services (DHHS) responsible to provide victims of domestic abuse emergency services, support programs, limited medical help and legal assistance in obtaining a protection order. | ||
==Supportive Measures== | ===Supportive Measures=== | ||
The University will offer supportive measures to Complainants whether or not a Formal Complaint is filed. Supportive measures are available for both the Complainant and Respondent.<br /> | The University will offer supportive measures to Complainants whether or not a Formal Complaint is filed. Supportive measures are available for both the Complainant and Respondent.<br /> | ||