UIUC Sexual Misconduct Definitions
Consent:
Informed, freely and actively given, mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon sexual activity. A person can withdraw consent at any time. There is no consent when there is force, threats, intimidation, or duress. A person’s lack of verbal or physical resistance or manner of dress does not constitute consent. Consent to past sexual activity with another person does not constitute consent to future sexual activity with that person. Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another person. A person cannot consent to sexual activity if such person is unable to understand the nature, fact, or extent of the activity or give knowing consent due to 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 the legal age to provide consent; or
- the person has a disability that prevents such person from having the ability or capacity to give consent.
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, and 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:
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:
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 by either person, directly or through clothing, of the sex organs, buttocks, or breasts of the other person for the purpose of sexual gratification or arousal of either person without consent.
Sexual Exploitation:
Sexual exploitation is the use of another persons nudity or sexual activity without consent for the purpose of sexual gratification, financial gain, personal benefit, personal advantage, or any other non-legitimate purpose. Sexual exploitation includes, but is not limited to:
- without the knowledge and consent of all participants, observing, recording, or photographing nudity or sexual activity of one or more persons in a location where there is a reasonable expectation of privacy, allowing another to observe, record, or photograph nudity or sexual activity of one or more persons, or otherwise distributing recordings, photographs, or other images of the nudity or sexual activity of one or more persons; and
- sending sexually explicit materials of another person without consent of the recipient.
Sexual Harassment:
Sexual harassment is unwelcome sexual, sex-based, or gender-based conduct, whether verbal, written, electronic and/or physical in nature:
- that is (1) sufficiently severe or pervasive; and (2) objectively offensive; and (3) unreasonably interferes with, denies, or limits a person’s ability to participate or benefit from educational and/or employment opportunities, assessments, or status at the University; or
- by a person having power or authority over another in which submission to such conduct is made explicitly or implicitly a term or condition of educational and/or employment opportunities, participation, assessments, or status at the University.
Stalking:
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.