Marian University uses the following definitions of sexual misconduct:  Non-Consensual Sexual Contact and Non-Consensual Sexual Intercourse and Sexual Exploitation.  Consent is obtained through verbal assent from both parties prior to engaging in any sexual behaviors defined below.

False Imprisonment

The detaining of a person without the person’s consent and/or against the person’s will to leave is prohibited. Therefore, false imprisonment can apply to any act in which a person intentionally restricts another person’s freedom to move or to leave without consent. This can occur on or off campus, in a building, on the streets, in a vehicle, or any other place, in which a person is restrained, against their will, from moving, whether physically, by threat, or intimidation. This can also include but is not limited to, removing that person’s means of leaving (e.g. taking and/or holding someone’s keys, wallet, phone, or other means that would provide that individual with the means to leave the vicinity).

Note:   This policy applies to restricting a person from leaving a resident hall room and/or failing to leave a resident’s room when requested to do so.  However, this policy does not apply to authorized personnel acting within the scope of their responsibilities (e.g. Campus Safety Officers, Resident Hall Staff).

Harassment

Harassment is defined as any unwelcome conduct based on actual or perceived status including: sex, gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, sexual orientation or other protected status. Any unwelcome conduct should be reported to campus officials, who will act to remedy and resolve reported incidents on behalf of the victim and community.  Additional information about Harassment and Non-Discrimination may be found in the Employee Handbook and within the Student Code of Conduct.  See also Sexual Harassment below under Sexual Misconduct.

Hostile Environment

Sanctions can and will be imposed for the creation of a hostile environment only when harassment is sufficiently severe, pervasive (or persistent) and objectively offensive that it unreasonably interferes with, limits or denies the ability to participate in or benefit from Marian’s educational or employment program or activities.

Relationship Violence

Violence or abuse by a person of another in a dating or intimate relationship with another.

Domestic Violence

Includes asserted violent behavior committed by the victim’s current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.

Dating Violence

Violence (physical, verbal, and/or emotional) committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Whether there was such relationship will be gauged by its length, type, and frequency of interaction

Sexual Harassment

  • unwelcome, sexual or gender-based verbal, written or physical conduct that is,
  • sufficiently severe, or persistent or pervasive and,
  • has the effect of unreasonably interfering with, denying or limiting employment opportunities or the ability to participate in or benefit from the university’s educational, social, athletic, and/or residential programs, and is based on real or reasonably perceived power differentials (quid pro quo), and/or the creation of a hostile environment or retaliation.

Non-Consensual Sexual Attempted or Actual Contact

  • Any intentional sexual touching
  • However slight
  • With any object
  • By one person upon another person
  • That is without consent and/or by force

Sexual contact is defined as intentional actual or attempted bodily contact with the breasts, buttock, groin, mouth, or genitals, or touching another with any of these body parts or making another touch you or themselves with or on any of these body parts OR any other intentional bodily contact of a sexual manner.

Non-Consensual Attempted or Actual Sexual Intercourse

  • Any sexual intercourse
  • However slight
  • With any object
  • By one person upon another person
  • That is without consent and/or by force

Sexual Intercourse is defined as active or attempted vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

Sexual Exploitation

Occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited (and that behavior does not otherwise constitute one of other sexual misconduct offenses.)  Examples include, but are not limited to:

  • Invasion of sexual privacy
  • Prostituting another person
  • Non-consensual recording or broadcast of sexual activity
  • Going beyond the boundaries of consent (such as letting someone hide in the closet to watch you having consensual sex)
  • Engaging in voyeurism
  • Knowingly exposing another to an STD or HIV
  • Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals

Stalking

Stalking is engaging in a course of conduct composed of a series of 2 or more separate non-continuous acts directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others and suffer emotional distress.

Statement on Consent*

  • Consent is knowing, voluntary and clear permission by word or action, to engage in mutually agreed upon sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct.
  • A person cannot consent if he or she is unable to understand what is happening or is disoriented, helpless, asleep, or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically, or mentally incapacitated/lacks capacity has violated this policy. It is not an excuse that the responding party of sexual misconduct was intoxicated and, therefore, did not realize the incapacity/lack of capacity of the other.
  • Incapacitation is defined as a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). This policy also covers a person whose incapacity results from mental disability, involuntary physical restraint, and/or from the taking of incapacitating drugs.
  • Consent to some sexual contact, such as kissing or fondling, cannot be presumed to be consent for other sexual activity, such as intercourse. A current or previous dating relationship is not sufficient to constitute consent. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred and any similar previous patterns that may be evidenced. Silence or the absence of resistance alone is not consent.
  • A person can withdraw consent at any time during sexual activity by expressing in words or actions that he or she no longer wants the act to continue, and, if that happens, the other person must stop immediately.
  • A minor below the age of consent according to state law cannot consent to sexual activity. This means that sexual contact by an adult with a person below the age of consent is a crime as well as a violation of this policy, even if the minor appeared to have wanted to engage in the act.

The entire policy may accessed and reviewed here

Printed versions of documents on this page are available upon request. Please contact studentlife@marianuniversity.edu