Sexual Harassment means conduct on the basis of sex that satisfies one or more of the following:
- An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual's participation in unwelcome sexual conduct;
- Unwelcome conduct determined by a Reasonable Person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient's education program or activity1; or
- Sexual Assault, Dating Violence, Domestic Violence or Stalking as defined in this Policy.
Sexual Assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation, including, including Rape, Fondling, Incest, and Statutory Rape as defined in the Policy.
Rape means the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
Fondling means the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental Incapacity.
Incest means sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Statutory Rape means sexual intercourse with a person who is under the statutory age of consent.
Dating Violence means violence committed by a person—who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:
- The length of the relationship,
- The type of relationship,
- The frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
Domestic Violence includes felony or misdemeanor crimes of violence committed by:
- a current or former spouse or intimate partner of the victim,
- a person with whom the victim shares a child in common,
- a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner,
- a person similarly situated to a spouse of the victim under the domestic or family violence laws of Michigan, or
- 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 Michigan.
Stalking means engaging in a Course of Conduct directed at a specific person that would cause a Reasonable Person to—
- fear for his or her safety or the safety of others; or
- suffer Substantial Emotional Distress.
See 1.14 - Title IX Sexual Harassment Policy for full policy and definitions.