UIS Sexual Misconduct Definitions
Consent:
Consent is informed, freely and actively given, mutually understandable words or actions that indicate a willingness to participate in the mutually agreed upon sexual activity in question. Silence does not necessarily constitute consent. If coercion, intimidation, threats, or force (express or implied) are used there is no consent. There is no consent when the victim is under duress or is deceived. Lack of verbal or physical resistance or submission resulting from the use of force or threat of force does not constitute consent. A person’s manner of dress does not constitute consent. A person’s consent to past sexual activity does not constitute consent to future sexual activity. A person’s consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another. A person can withdraw consent at any time. A person cannot consent to sexual activity if he or she is unable to understand the nature of the activity or give knowing consent due to the circumstances, including without limitation the following: the person is incapacitated due to the use or influence of alcohol or drugs; the person is asleep or unconscious; the person is under age; or the person has a mental disability. Whether an individual has taken advantage of a position of influence over an alleged victim may be a factor in determining consent. See Section 10(1) of the Illinois Preventing Sexual Violence in Higher Education Act, (110 ILCS 155/10).
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. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of relationship, the type of the relationship, and the frequency of the interaction between the persons involved in the relationship.
Domestic Violence:
Domestic violence means felony or misdemeanor crimes of violence committed by:
- A current or former spouse or intimate partner of the alleged victim;
- A person with whom the alleged victim shares a child in common;
- A person who is cohabitating with, or has cohabitated with, the alleged victim as a spouse or intimate partner;
- A person similarly situated to a spouse of the alleged victim under the domestic or family violence laws of the State of Illinois; or
- Any other person against an adult or youth alleged victim who is protected from that person’s acts under the domestic or family violence laws of the State of Illinois.
Sexual Assault:
Sexual Assault is any sexual contact that does not involve the knowing consent of each person, including:
- Any form of sexual penetration without consent; and
- Any intentional or knowing touching or fondling, directly or through clothing, of the sex organs, buttocks, or breasts of another person without consent and for the purpose of sexual gratification or arousal.
Sexual Harassment:
Sexual Harassment is unwelcome conduct of a sexual nature. It includes unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual Violence, including Sexual Assault, is a form of Sexual Harassment. Sexual Harassment can involve persons of the same or opposite sex. Sexual Harassment can take one of the following two forms, both of which are prohibited by the Title IX and Sexual Misconduct Policy:
- When the terms or conditions of employment, educational benefits, academic grades or opportunities, living environment, or participation in a UIS activity is conditioned upon, either explicitly or implicitly, submission to or rejection of unwelcome sexual advances or requests for sexual favors, or such submission or rejection is a factor in decisions affecting that individual’s employment, education, living environment, or participation in a UIS program or activity. Generally, perpetrators are agents or employees with some authority from the University.
- When pervasive or egregious conduct based on sex, sexuality, Gender Identity, Gender Expression, or Sexual Orientation creates a hostile environment. To constitute a hostile environment, the conduct must:
-
Be based on sex, sexuality, Gender Identity, Gender Expression, or Sexual Orientation;
- Be sufficiently serious (i.e., severe, pervasive, or persistent) and objectively offensive so as to deny or limit a person’s ability to participate in or benefit from UIS’s programs, services, opportunities, or activities ; or
- Have the purpose or effect of unreasonably interfering with an individual’s employment.
Mere offensiveness is not enough to create a hostile environment. Although repeated incidents increase the likelihood that harassment has created a hostile environment, a serious incident, such as a Sexual Assault, even if isolated, can be sufficient.
In determining whether harassment has created a hostile environment, consideration is given not only as to whether the conduct was unwelcome to the person who feels harassed, but also whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive. The following factors are also considered:
-
The degree to which the conduct affected one or more students’ education or individual’s employment;
- The nature, scope, frequency, duration, and location of the incident or incidents and the context in which they occurred;
- The identity, number, and relationships of persons involved;
- The age and sex of the alleged harasser and the subject or subjects of the harassment;
- Other incidents at UIS, as appropriate; and
- Incidents of Gender-based, but nonsexual harassment.
Stalking:
Stalking is two or more acts directed at a specific person that would
cause a reasonable person to fear for her, his, or others’ safety, or to
suffer substantial emotional distress, and includes, but is not limited
to, following, monitoring, surveilling, or threatening a person;
initiating or continuing contact with a person without consent; or
interfering with or damaging a person’s property.