Sexual Misconduct Definitions
WBU Title IX Coordinator:
Dr. Justin Lawrence
Title IX Co-Coordinator
Wayland Baptist University
1900 W. 7th
Plainview, TX 79072
(806) 291-1173 firstname.lastname@example.org
It is important to remember that sexual misconduct is never the fault of the victim.
SEXUAL MISCONDUCT – term that encompasses sexual harassment, sexual violence, and stalking.
SEXUAL HARASSMENT – conduct that is sexual in nature; is unwelcome; and denies or limits a student’s ability to participate in or benefit. Sexual harassment can be verbal, non-verbal, or physical and is a form of discrimination.
QUID PRO QUO (Sexual Harassment) – occurs when a school employee causes a student to believe that he or she must submit to unwelcome sexual conduct in order to participate in a school program or activity. It can also occur when an employee causes a student to believe that the employee will make an educational decision based on whether or not the student submits to unwelcome sexual conduct.
SEXUAL EXPLOITATION – taking sexual advantage of another without consent for personal advantage or benefit or for the advantage or benefit of someone else. Sexual exploitation is a form of sexual harassment.
HOSTILE ENVIRONMENT – a hostile environment exists when unwelcome conduct of a sexual nature is so severe, persistent, or pervasive that it affects a student’s ability to participate in or benefit from an education program or activity, or creates an intimidating, threatening or abusive educational environment. A hostile environment can be created by a school employee, another student, or even someone visiting the school, such as a student or employee from another school.
SEXUAL VIOLENCE – category that includes sexual assault, rape, stalking, domestic/intimate partner violence, and dating violence.
SEXUAL ASSAULT – an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniformed Crime Report (UCR) program.
CONSENT – voluntary, positive agreement between participants that can be communicated in a variety of ways with verbal communication being the clearest form of agreement. Consent should be clear and unambiguous at every stage of activity and a prior relationship does not indicate future consent.
RAPE – 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, regardless the gender of the victim or perpetrator.
FONDLING – the touching of the private body parts of another person for the purpose of sexual gratification without consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or temporary or permanent mental or physical incapacity.
INCEST – non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. Legal definitions and prohibitions vary by state.
STATUTORY RAPE – non-forcible sexual intercourse with a person who is under the statutory age of consent. Legal definitions and prohibitions vary by state.
STALKING – a pattern of repeated and unwanted attention, harassment, contact, or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear.
DOMESTIC/INTIMATE PARTNER VIOLENCE – a felony or misdemeanor crime of violence committed by current or former spouse or intimate partner.
DATING VIOLENCE – a felony or misdemeanor crime of violence committed by a person who is in or has been in a social relationship of a romantic or sexual nature with the victim.
GENDER EQUITY – the process of allocating resources, programs, and decision making fairly to both males and females without any discrimination on the basis of sex.
DISCRIMINATION – treatment or consideration of, or making a distinction in favor of or against, a person based on the group, class, or category to which that person or thing belongs rather than on individual merit.
ALCOHOL IMPAIRMENT – the state of being diminished or weakened due to the consumption of alcohol.
ALCOHOL INTOXICATION – an act or instance of inebriation or drunkenness (BAC level of .08 or greater).
ALCOHOL INCAPACITATION – reached when the individual no longer has the legal ability to act in a specified manner. In sexual misconduct situations the individual lacks the mental capability to understand the situation and incapable of giving consent.
ACTUAL NOTICE OF COMPLAINT – a complaint, written or verbal, given to a responsible person.
CONSTRUCTIVE NOTICE OF COMPLAINT – in the absence of an actual notice a preponderance of evidence exists to suspect an incident occurred even without a written or verbal complaint.
FINDING OF NON-RESPONSIBILITY – a civil investigation finding that does not indicate a preponderance of evidence that a violation occurred.
UNFOUNDED CRIME – a crime may be “unfounded” only if sworn or commissioned law enforcement personnel have fully investigated the reported crime and, based on the results of the full investigation and evidence, have made a formal determination that the crime report is false or baseless and therefore “unfounded.” Both “founded” and “unfounded” crimes must be reported one Clery Annual Security Report.
TITLE IX – portion of the 1972 Education Amendments to the Civil Rights Act of 1964 which states “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”
CLERY ACT – the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990 requires all colleges and universities that receive federal financial aid to keep and disclose information about crime on and near their respective campuses to provide the campus community with timely, accurate and complete information about crime and the safety of campus so that they can make informed decisions to keep themselves safe.
VAWA – the Violence Against Women Act passed in 2013 amended the Clery Act to included Dating Violence, Domestic Violence and Stalking incidents (DVDVS).
OFFICE OF CIVIL RIGHTS (OCR) – U.S. Department of Education sub-agency that is tasked with protecting civil rights in federally assisted education programs and prohibiting discrimination on the basis of race, color, national origin, sex, disability, age, or membership in patriotic youth