2018-2019 CIU Student Handbook
70
Dating Violence.
“Dating Violence,” which is sometimes referred to as “Intimate
Partner Violence,” is actual or threatened physical violence, intimidation, or other
forms of physical, emotional, or sexual abuse that would cause a reasonable
person to fear harm to self or others and which is committed by a person who
is or has been in a social relationship of a romantic or intimate nature with the
Complainant. The existence of such a relationship shall be determined with
consideration of the length of the relationship, the type of relationship, and the
frequency of interaction between the persons involved in the relationship. Dating
Violence can be a single act or a pattern of behavior, includes behaviors that
would be considered domestic violence or relationship abuse, and can take many
forms. Examples include, but are not limited to, situations in which the following
behaviors are directed toward a partner in a current or former intimate relationship:
hitting, kicking, punching, strangling, or other physical violence; property damage;
and threat of violence to one’s self, one’s partner, or the family members, friends,
pets, or personal property of the partner.
Incapacitated.
“Incapacitated” means lacking the physical and/or mental ability to
make informed, rational judgments. A person may be Incapacitated for a variety
of reasons, including but not limited to being asleep or unconscious, having
consumed alcohol or taken drugs, or experiencing blackouts or flashbacks.
Non-consensual Sexual Contact.
“Non-consensual Sexual Contact” is any physical
contact with another person of a sexual nature without that person’s Consent. The
touching of a person’s intimate parts (such as genitalia, groin, breast, buttocks
or clothing covering same); touching a person with one’s own intimate parts; or
forcing a person to touch another’s intimate parts constitutes Non-consensual
Sexual Contact if it occurs without Consent.
Non-consensual Sexual Penetration.
“Non-consensual Sexual Penetration” is the
sexual penetration of any bodily opening with any object or body part without
Consent.
Respondent.
A “Respondent” is an individual accused of committing Sexual
Misconduct under, and as defined by, this Policy.
Retaliation.
“Retaliation” means any adverse action threatened or taken against
a person because he or she has filed, supported, or provided information in
connection with a complaint of Sexual Misconduct, including but not limited to
direct and indirect intimidation, threats, and harassment. Retaliation does not
include good faith actions lawfully pursued in response to a report of prohibited
conduct.
Sexual Exploitation.
“Sexual Exploitation” means any act of taking non-consensual,
unjust, or abusive sexual advantage of another person for one’s own advantage or
benefit or to benefit or advantage anyone other than the person being exploited.
Sexual Exploitation includes, but is not limited to: causing or attempting to cause
another person to be incapacitated in order to gain a sexual advantage over such
person; prostituting another person (i.e., personally gaining money, privilege,
or power from the sexual activities of another); non-consensual videotaping,
photographing, or audio-taping of sexual activity and/or distribution of private