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2018-2019 CIU Student Handbook
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sexual activity of a person’s intimate parts (including genitalia, groin, breast
or buttocks) via media such as, but not limited to, the internet; exceeding the
boundaries of Consent (e.g., allowing another person to observe consensual sex
without the knowledge of or Consent from all participants); voyeurism; knowingly
or recklessly transmitting a sexually transmitted disease (including HIV) to
another individual; and sexually based stalking and/or bullying.
Sexual Harassment.
“Sexual Harassment” is defined as unwelcome sexual
advances, requests for sexual favors, and other verbal, nonverbal, graphic or
physical conduct of a sexual nature, including through social media or similar
platforms, when either (i) or (ii) below applies:
(i)
Submission to, consent to or rejection of the behavior carries or is reasonably
believed to carry consequences for the individual’s education, employment, on-
campus living environment, or participation in a University activity. (Examples
of this type of sexual harassment include pressuring an individual to engage in
sexual behavior for some educational or employment benefit, or making a real or
perceived threat that rejecting sexual behavior will carry a negative educational or
employment consequence for the individual.)
(ii)
The behavior is severe, persistent or pervasive and objectively offensive, such
that it unreasonably limits or interferes with the individual’s ability to participate
in or benefit from the University’s education, on-campus living, or employment
programs or activities by creating an intimidating or hostile environment. Whether
the conduct creates a hostile environment may depend on a variety of factors,
including: the degree to which the conduct affected the education or employment
of another person; the type, frequency and duration of the conduct; the relationship
between the parties; the number of people involved; and the context in which the
conduct occurred. The more severe the conduct, the less need there is to show
a repeated pattern of conduct. (Examples of this type of sexual harassment
include: persistent unwelcome efforts to develop a romantic or sexual relationship;
unwelcome sexual advances or requests for sexual favors; unwelcome
commentary about an individual’s body or sexual activities; inappropriately
touching an individual’s body; unwelcome sexually-oriented teasing, joking,
flirting, or lewd comments, innuendos or gestures; and verbal abuse of a sexual
nature.) (The University reserves the right to address offensive conduct and/or
unwanted conduct of a sexual nature that does not rise to the level of creating a
hostile environment. Addressing such behaviors may not result in the imposition
of discipline under University policy, but will be addressed through respectful
confrontation, remedial actions, education and/or conflict resolution efforts.)
Sexual Intimidation.
“Sexual Intimidation” includes but is not limited to threatening,
expressly or impliedly, to commit a sexual act upon another person without his
or her Consent; Stalking or cyber-Stalking, and engaging in indecent exposure
(intentionally exposing one’s sexual organs in public) with the intention of alarming,
distressing, and/or offending others).
Sexual Misconduct.
“Sexual Misconduct” means any unwelcome conduct of a
sexual nature, including any conduct or act of a sexual nature perpetrated against
an individual without Consent. Sexual Misconduct can occur between strangers
or acquaintances, including people involved in an intimate or sexual relationship.