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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