Am I a Victim?
What is Consent?
Consent to engage in sexual activity must be knowing and voluntary; it must exist from the beginning to end of each instance of sexual activity and for each form of sexual contact. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage freely in sexual activity. Consent is active, not passive. Incapacitation may result from the use of alcohol and/or drugs. Incapacitation and consent are further defined at the end of this policy.
Example of Consent
When someone agrees, gives permission, or says “yes” to sexual activity with other persons. (University of Michigan)
Consent should never be assumed.
What is Sexual Harassment?
Unwelcome, gender-based verbal or physical conduct that is, sufficiently severe, persistent or pervasive that it, unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the college’s educational program and/or activities, and is based on power differentials, the creation of a hostile environment, or retaliation.
Sexual harassment also includes harassment based on gender, sexual orientation, gender identity, or gender expression, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex/gender or sex/gender-stereotyping, even if the acts do not involve conduct of a sexual nature.
Example of Sexual Harrassment
An attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to egregious, unwelcome sexual attention; to punish a refusal to comply with a sexual based request; to condition a benefit on submitting to sexual advances; sexual violence; intimate partner violence, stalking; gender-based bullying.
What is Sexual Assault?
Having sexual intercourse or sexual contact with another individual without consent, including: by the use or threat of force or coercion; without effective consent; or where that individual is incapacitated.
Sexual contact includes intentional contact with the intimate parts of another, causing another to touch one’s intimate parts, or disrobing or exposure of another without permission. Intimate parts may include the breasts, genitals, buttocks, groin, mouth, or any other part of the body that is touched in a sexual manner. Sexual contact also includes attempted sexual intercourse.
Sexual intercourse includes vaginal or anal penetration, however slight, with a body part (e.g., penis, tongue, finger, hand, etc.) or object, or oral penetration involving mouth to genital contact.
Example of Sexual Assault
Someone putting his or her finger, tongue, mouth, penis or an object in or on your vagina, penis or anus when you don’t want them to; Someone touching, fondling, kissing or making any unwanted contact with your body; Someone forcing you to perform oral sex or forcing you to receive oral sex; Someone forcing you to masturbate, forcing you to masturbate him or her, or fondling and touching you. (Davidson)
What is Sexual Exploitation?
Occurs when a student 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.
Example of Sexual Exploitation
Invasion of sexual privacy; Prostituting another student; Non-consensual video or audio-taping of sexual activity; Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex); Engaging in voyeurism; Knowingly transmitting an STI or HIV to another student; Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals; Sexually-based stalking and/or bullying may also be forms of sexual exploitation.
What is Stalking?
When a person engages in a course of conduct or repeatedly commits acts toward another person, including following the person without proper authority, under circumstances that demonstrate either of the following: place the person in reasonable fear of bodily injury; or reasonably cause substantial emotional distress to the person.
Stalking includes the concept of cyber-stalking, a particular form of stalking in which electronic media such as the Internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used to pursue, harass, or to make unwelcome contact with another person in an unsolicited fashion.
Example of Stalking
Unwelcome and repeated visual or physical proximity to a person; repeated oral or written threats; extortion of money or valuables; unwelcome/unsolicited written communication, including letters, cards, emails, instant messages, and messages on online bulletin boards; unwelcome/unsolicited communications about a person, their family, friends, or co-workers; or sending/posting unwelcome/ unsolicited messages with an assumed identity; or implicitly threatening physical contact; or any combination of these behaviors directed toward an individual person.
What is Domestic Violence or Dating Violence?
Any act of violence or threatened act of violence against a person who is, or has been involved in, a sexual, dating, domestic, or other intimate relationship with that person. It may involve one act or an ongoing pattern of behavior. Intimate-partner violence can encompass a broad range of behavior, including, but not limited to, physical violence, sexual violence, emotional violence, and economic abuse. Intimate-partner violence may take the form of threats, assault, property damage, or violence or threat of violence to one’s self, one’s sexual or romantic partner, or to the family members or friends of the sexual or romantic partner. Intimate-partner violence affects individuals of all genders, gender identities, gender expressions, and sexual orientations and does not discriminate by racial, social, or economic background.
Example of Domestic Violence or Dating Violence
Dating violence is any situation in which one partner purposefully causes emotional, physical or sexual pain on another. This includes humiliating your partner, controlling what your dating partner can and cannot do, withholding information from your partner, deliberately doing something to make your partner feel dismissed or embarrassed Isolating your partner from family or friends, abuse over electronic devices such as via text or on the internet, and threatening your partner. (HealthyPlace)
What is Bullying or Intimidation?
Bullying includes any intentional electronic, written, verbal, or physical act or a series of acts directed at another student or students that is severe, persistent, or pervasive and that has the intended effect of doing any of the following: (i) substantially interfering with a student’s education; (ii) creating a threatening environment; or (iii) substantially disrupting the orderly operation of the College. Bullying is prohibited, and participating in such acts will result in disciplinary action. Bullying that is based on gender, sexual orientation, gender identity, or gender expression, or based on any other protected classification as outlined in the College’s Non-Discrimination Policy will be handled under this policy.
Intimidation is any verbal, written, or electronic threats of violence or other threatening behavior directed toward another person or group that reasonably leads the person(s) in the group to fear for her/his physical well-being. Intimidation is prohibited and will result in disciplinary action.
Anyone who attempts to use bullying or intimidation to retaliate against someone who reports an incident, brings a complaint, or participates in an investigation in an attempt to influence the judicial process will be in violation of retaliation as described within this policy and will be subject to disciplinary action.
Examples of Bullying or intimidation
Unwanted contact (e.g. unnecessary touching), assault or gestures, aggressive behaviour, unwelcome remarks, suggestions and improper proposals, malicious gossip, jokes and banter based on a person’s sex or race or which refers to a person’s age, disability, sexuality, religion or personal appearance. (Salford City College)