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Sexual Misconduct

Definitions

Affirmative Consent: Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that the person has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent. Consent cannot be given by a person who is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. (E.g. lack of consciousness, being asleep, being involuntarily restrained, or being intoxicated.)

Sexual Misconduct: Sexual Misconduct is defined as any sexual act or sexual contact upon another person without his or her explicit consent, which is a sexual offense under New Jersey criminal law (See NJSA title 2C:14-1 et. al.). Sexual misconduct encompasses the act of sexual assault.

Sexual Assault: Sexual Assault is a sexual penetration of another person under any one of the following circumstances: (1) under the legal age of consent, (2) with a person who is incapable of giving consent because of temporary or permanent mental or physical incapacity or (3) through the use or perception of physical force, threat, coercion.

Non-Consensual Sexual Contact: Sexual Contact means any form of intentional touching, either directly or through clothing, of the victim’s intimate parts designed to degrade or humiliate the victim or cause sexual arousal or gratification to the actor. Sexual contact can also occur when an actor intentionally touches himself or herself while in the view of and aware of the victim’s presence and with the same purpose of humiliation, arousal, or self-gratification. Non-Consensual Sexual Contact is having sexual contact with another individual without affirmative consent, when an individual is incapacitated, or by threat of force.

Dating Violence: Dating Violence is an act of domestic violence between individuals in a social relationship of a romantic or intimate nature.

Domestic Violence: Domestic Violence is an actual or threatened physical harm or infliction of fear or imminent physical harm upon a family member, significant other, household member, resident sharing a room, or other individual with an intimate relationship to actor.

Stalking: Stalking occurs when an individual engages in conduct directed at a specific person that would cause a reasonable person to fear for his safety or the safety of a third person or suffer other emotional distress. This includes cyber stalking.

Sexual Harassment: Sexual Harassment is unwelcome action, language or visual representation of a sexual nature that has the effect of unreasonably interfering with an individual’s education, employment, or participation in a University activity or that creates a hostile working, educational, or living environment. A form of quid pro quo (this for that) sexual harassment exists when submission to or rejection of unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of sexual nature results in adverse educational or employment action, or the threat of such adverse action, or limits or denies an individual’s educational or employment access, benefits, or opportunities.

Sexual Exploitation: Sexual exploitation refers to non-consensual abuse or exploitation of another person’s sexuality for the purpose of sexual gratification, financial gain, personal benefits or advantage, or any other non-legitimate purpose. (E.g. observing another individual’s nudity/sexual activity; allowing another to observe nudity/sexual activity without the knowledge and consent of all participants; non-consensual streaming or distribution of images, photography, video or audio recording of sexual activity/nudity without the knowledge and consent of all participants.

Gender Based Harassment: Acts of aggression, intimidation, stalking, or hostility based on gender or gender stereotyping constitute gender-based harassment. Gender-based harassment can occur if students are harassed either for exhibiting what is perceived as a stereotypical characteristic of their sex or for failing to conform to stereotypical notions of masculinity or femininity. To constitute harassment, the conduct must unreasonably interfere with another person’s education or participation in educational programs or activities or create an intimidating, hostile, demeaning, or offensive academic or living environment.

Force: Force is the use or threat of physical violence to overcome an individual’s free will to choose whether or not to participate in sexual activity or provide consent. Force may include words, conduct, or appearance. Force includes causing another’s intoxication or impairment through the use of drugs or alcohol. Coercion, intimidation, and non-physical threats can all be forms of force. Consent obtained through coercion is not valid.

Coercion: Coercion is to force one to act or not act based on fear of harm to self or others. Means of coercion may include, but are not limited to, pressure, threats, emotional intimidation, or the use of physical threats force. Consent obtained through coercion is not valid.

Incapacitation: Incapacitation is a physical condition where a person is unconscious or physically unable to leave or provide consent. This includes a mental condition, permanent or temporary, which makes the victim incapable of understanding the nature of the activity or unable to communicate due to a mental or physical condition.

Retaliation: Retaliation is any adverse action taken or threatened (including intimidation, threats, harassment, and other such action) against any complainant or person reporting or filing a complaint of sexual misconduct or any person cooperating in the investigation of allegations of sexual misconduct to include testifying, assisting or participating in any manner in an investigation or any person related to or connected with such person.

 

 

 

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