Sexual Misconduct Definitions
|Coercion||Coercion is the application of unreasonable pressure for sexual access.|
Consent is communicated, ongoing, and mutual. This means consent is gained through words or actions that show an active, knowing and voluntary agreement to engage in mutually agreed-upon sexual activity.
It is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity to make sure that the initiator has consent. Consent cannot be gained by force, by ignoring or acting without regard to the objections of another, or by taking advantage of the incapacitation of another, where the accused knows or reasonably should have known of such incapacitation. For example, a person who is intoxicated may not be capable of giving consent. Consent is also absent when the activity in question exceeds the scope of consent previously given or when the person from whom consent is sought is deemed incapable of giving consent under the law of the State of Kansas.
A person always has the right to revoke Consent at any time during a sexual act. Consent to one act does not constitute consent to another act. Consent on a prior occasion does not constitute consent on a subsequent occasion. Silence, lack of resistance, or failure to say “no” does not imply consent.
Dating Violence is violence committed by a person:
Domestic Violence is felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is co-habitating with or has co-habitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Kansas, or by 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 Kansas.
|Force||Force means physical force, threat, intimidation or coercion.|
|Incapacitation||Incapacitation means the physical and/or mental inability to make informed, rational judgments. Where alcohol and/or drugs are involved, incapacitation is defined with respect to how the alcohol or drugs consumed impact a person’s decision-making capacity, awareness of consequences, and ability to make fully informed judgments.|
Sexual Assault includes:
|Sexual Exploitation||Sexual exploitation is abusing, gaining advantage of or benefiting from another person sexually without their consent. It includes but isn't limited to transmission of sexually inappropriate material, voyeurism, exposing your own or someone else's genitals or breasts, recording sexual activity, and any other sexual acts or activities without explicit consent.|
Sexual Harassment is conduct on the basis of sex (including sexual orientation, gender identity, and gender expression) that constitutes Quid Pro Quo Sexual Harassment, Hostile Environment Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, or Stalking.
|Sexual Harassment - Hostile Environment|
Hostile Environment Sexual Harassment is unwelcome conduct (including physical, visual, audible, and electronic conduct) determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person access to the University’s education programs and activities. Hostile Environment Sexual Harassment may include, but is not limited to:
|Sexual Harassment - Quid Pro Quo||Quid Pro Quo Sexual Harassment is an employee of the university conditioning the provision of an aid, benefit, or service of the university on an individual’s participation in unwelcome sexual contact.|
Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
For the purpose of this definition, the following terms have the described meaning: