Sexual Misconduct Policy: Definitions
As used in this Policy:
“Aiding, Abetting, or Inciting”: participating in, soliciting, directing, or assisting in Sexual Assault, Sexual Harassment, Domestic Violence, Dating, or Stalking.
“College Premises”: refers to buildings or grounds owned, leased, operated, controlled, or supervised by the College.
"College-sponsored activity”: any activity hosted, performed, or conducted on or off College premises that is specifically initiated or supervised by the College.
“Complainant”: a person who alleges that another person or Student Organization violated this Sexual Misconduct Policy.
“Consent”: clear and unambiguous agreement, expressed in mutually understandable words or actions, to engage in a particular sexual activity. Whether valid consent has been given will be judged based upon what a reasonable person would have understood from such words or actions.
Consent must be voluntarily given and is not valid: 1) if obtained by physical force, coercion, or threat; 2) when a person is Incapacitated;3) when an intellectual or other disability prevents a person from having the capacity to give consent; or 4) if consent is given for a particular sexual activity on a prior occasion (cannot be presumed to constitute consent to engage in a different sexual activity or to engage again in a sexual activity).
Consent can be withdrawn by either person at any point.
“Cyberbullying / Media-Based Misconduct”: Photographing or taping someone (via audio, video or otherwise) involved in sexual activity, or in a state of undress, without his or her knowledge or consent. Even if a person consented to sexual activity, photographing or taping someone without his or her knowledge and agreement goes beyond the boundaries of that consent. Dissemination of photographs or video/audio of someone involved in sexual activity, or in a state of undress, without his or her knowledge or consent constitutes a separate and additional act of sexual misconduct.”
“Dating Violence”: violence committed by a person:
- who is or has been in a social relationship of a romantic or intimate nature with the victim; and
- where the existence of such a relationship shall be determined based on a consideration of the following factors:
- the length of the relationship;
- the type of relationship; and
- the frequency of the interaction between the persons involved in the relationship.
“Domestic Violence”: Felony or misdemeanor crimes of violence committed by a current or former spouse of the victim by:
- a person with whom the victim shares a child in common,
- a person who is cohabiting with or has cohabited with the victim as a spouse,
- person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction where the crime occurred, or
- 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 where the crime occurred.
“Force”: The use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that overcomes resistance or produces consent.
- There is no requirement that a person has to resist the sexual advance or request, but resistance is a clear demonstration of non-consent.
- Sexual activity that is forced is by definition non-consensual, but non- consensual sexual activity is not by definition forced.
“Incapacitation”: a person lacks the capacity to give Consent to sexual activity because the person is: asleep, unconscious, mentally and/or physically helpless, or otherwise unaware that sexual activity is occurring.
- Incapacitation is not necessarily the same as legal intoxication. Where alcohol or other drugs are involved, evaluating Incapacitation requires an assessment of how the consumption of alcohol and/or drugs affects a person's:
- decision-making ability; awareness of consequences;
- ability to make informed, rational judgments;
- capacity to appreciate the nature and quality of the act; or level of consciousness.
- The assessment is based on objectively and reasonably apparent indications of incapacitation when viewed from the perspective of a sober, reasonable person.
- Intentional Incapacitation: providing alcohol or other drugs to a person with the intent to render the person Incapacitated.
“Interim Measures”: temporary accommodations or conditions placed upon a Complainant or Responding Party by the Title IX Coordinator to address immediate physical safety and emotional needs following any allegation of violation of the Sexual Misconduct Policy.
“Notification of Outcome”: a written notification issued to a Complainant and a Respondent following the conclusion of a student judicial proceeding under this Policy.
“Reporting Party”: a person who is aware of, and reports a possible violation under the Sexual Misconduct Policy on behalf of a victim, but who is not personally the victim of the misc onduct.
“Respondent”: a student or Student Organization accused of misc onduct under this Policy.
“Retaliation”: engaging in conduct that may reasonably be perceived to adversely affect a person’s educational, living, or work environment because of their good faith participation in the reporting, investigation, and/or resolution of report of a violation of this Sexual Misconduct Policy; or Discourage a reasonable person from making a report or participating in an investigation under this Sexual Misconduct Policy.
- Retaliation includes but is not limited to:
- acts or words that constitute intimidation;
- threats or coercion intended to pressure a person to drop or support a complaint or to provide false/misleading information in connection with an investigation; and
- pressuring a person to participate or refrain from participating as a witness in an investigation.
- Retaliation may constitute a violation of this Sexual Misconduct Policy even when the underlying report made in good faith did not result in a finding of responsibility.
“Sexual Assault”: unwanted or unwelcome touching of a sexual nature, including: fondling; penetration of the mouth, anus, or vagina, however slight, with a body part or object; or other sexual activity that occurs without valid consent. This definition includes, but is not limited to, rape and other physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent).
“Sexual Contact”: the deliberate touching of a person’s intimate parts (including genitalia, groin, breast, buttock, or clothing covering any of those areas), or using Force or the threat of Force to cause a person to touch his or her own or another person’s intimate parts.
“Sexual Harassment”: includes any of the following behaviors:
- Hostile Environment – unwelcome sexual advances, requests for sexual favors, and other visual, verbal, or physical conduct of a sexual nature when the conduct is sufficiently severe or pervasive to deny or limit the victim’s ability to participate in or benefit from Morehouse’s educational programs or benefits by creating an intimidating or hostile environment.
- Quid Pro Quo – unwelcome sexual advances, requests for sexual favors, and other visual, verbal, or physical conduct of a sexual nature when submission to such conduct is made either explicitly or implic itly a term or condition of an individual’s education, living environment, employment, or participation in a college-related activity or program.
- Threats / Intimidation of a Sexual Nature – conduct of a sexual nature, which reasonably would be expected to have the effect of threatening or intimidating the person at whom such conduct is directed.
“Sexual Misconduct”: is a broad term that encompasses sexually motivated misconduct, including conduct of an unwelcome and/or criminal nature. Thus, for purposes of this Policy, Sexual Misconduct includes, but is not limited to:
- Sexual Exploitation;
- Nonconsensual Sexual Contact;
- Nonconsensual Sexual Intercourse;
- Sexual Assault;
- Sexual Violence;
- Domestic Violence; and
- Dating Violence.
“Stalking”: occurs when a person engages in a course of conduct or repeatedly commits acts toward another person, under circumstances that would place the person in reasonable fear for safety, or of harm or bodily injury to self or others; or reasonably cause substantial emotional distress to the person.
- A course of conduct refers to a pattern of behavior of two or more acts over a period of time that can be reasonably regarded as likely to alarm, harass, or cause fear of harm or injury to that person or to a third party. The feared harm or injury may be physical, emotional, or psychological, or related to the personal safety, property, educ ation, or employment of that individual.
- Stalking may involve individuals who are known to one another or have an intimate or sexual relationship, or may involve individuals who do not know to one another.
“Student Organization”: a recognized Morehouse student organization, group, or team including but not limited to those devoted to academic , athletic, cultural, Greek life, leadership, pre-professional or other student activities.
“Title IX Coordinator”: the designated College official with ultimate oversight and responsibility for the College’s complianc e with Title IX of the Higher Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (“Title IX”), implementing regulations and relevant supplemental guidance.