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What is Sexual Misconduct

Sexual misconduct is any act or conduct of a sexual nature that is perpetrated against an individual without consent. It can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual misconduct can be committed by men or by women, and it can occur between people of the same or different sex.  The College encourages reporting of all sexual misconduct.

Sexual misconduct may include one or all of the following (click to learn more):

Sexual Harassment.

This is unwelcome, gender-based verbal, nonverbal, written, electronic or physical conduct that is sufficiently severe, persistent or pervasive that it substantially and unreasonably interferes with, denies, or limits someone’s ability to participate in or benefit from education or employment at the College and is based on power differentials (quid pro quo), intimidation, the creation of a hostile environment, or retaliation.

  • Example: A student living on your hallway makes repeated and unwelcome comments about your body, to the point where you feel uncomfortable being on the hall.
  • Example: A student sends you repeated homophobic or gay-bashing messages on Facebook, to the point where you feel uncomfortable being in classes with them.

A Hostile Environment caused by Sexual Harassment.

This includes any situation in which there is harassing conduct that is sufficiently severe, pervasive, or objectively offensive that it alters the conditions of employment or limits, interferes with, or denies educational benefits or opportunities.

  • A hostile environment can be created by a one-time act that is severe (i.e., a sexual assault), or it can be created by repeated acts of less severity (i.e., harassing comments).

Non-Consensual Sexual Contact.

This is any intentional sexual touching, however slight, with any object, by a man or woman upon a man or woman that is without consent and/or by force.

  • Example: You’re at a party with friends. Another student comes up to you and grabs your butt and starts grinding with you, when that contact is unwelcome and when the student did not gain your permission first.

Sexual Assault, Rape, or Non-Consensual Sexual Intercourse.

This is any sexual intercourse, however slight, with any object, by a man or woman upon a man or woman that is without consent and/or by force.

  • Example: You are having consensual oral sex with another student. Without asking you first, they initiate intercourse.
  • Example: You have been casually seeing another student here at Randolph. You know that your partner wants to have sex, but you want to wait until you’re in a committed,monogamous relationship. One night, your partner begins to pressure you unreasonably for sex. They ask for it repeatedly and refuse to take no for an answer. Eventually, you get tired of saying no and agree to have sex – even though you never would have said “yes” without the pressure.
  • Example: A student you’ve liked for a while starts making out with you at a party, and volunteers to walk you back to your room. Once you’re alone, they start taking off your clothes and touching you in ways that make you very uncomfortable. You don’t say anything because you’re worried that if you say no, they won’t like you anymore. Eventually, they initiate sexual intercourse with you. You never say no, but it’s clear from your body language that you are very uncomfortable.
  • Example: You have been drinking to the point where you are incapacitated. Your partner – who is aware that you’re incapacitated – asks if you want to have sex. You say “yes,” and proceed to have intercourse. Later, when you are sober, you realize that you weren’t able to give consent because you were incapacitated.
  • Example: Another student uses physical force or threats to make you have sex with them.

Sexual Exploitation.

This occurs when a person takes non-consensual or abusive sexual advantage of another person 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 the other sexual misconduct offenses.

  • Example: You have sex with your partner, and later find out that they videotaped the interaction without your consent.
  • Example: You are using the bathroom on your hall, and have just gotten out of the shower. Another student runs in and takes a picture of you that they later post on Twitter.
  • Example: A student exposes themselves to you, when this exposure is unwanted.

Stalking.

This refers to a course of physical or verbal conduct directed at another individual that could be reasonably regarded as likely to alarm, harass, or cause fear of harm or injury to that person or to a third party. A course of conduct consists of at least two acts. The feared harm or injury may be physical, emotional, or psychological. Stalking includes cyber-stalking, in which electronic media are used to pursue, harass, or to make unwelcome contact with another person in an unsolicited fashion.

  • Example: A student keeps sending you threatening Snapchats or Facebook messages.
  • Example: A student begins to follow you around campus. They show up outside your classes, sit near you in the dining hall, and follow you into your residence hall even though they not live in that building. This contact is unwelcome.

Intimate Partner Violence.

This is often referred to as dating violence, domestic violence or relationship violence. Intimate partner violence includes 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 the Respondent.

  • Example: You are in a dating relationship with another student on campus, and they hit you or push you into a wall.
  • Example: You and your dating partner broke up a week ago. You have decided to meet one last time to exchange belongings. During that meeting, things become heated and you start fighting. Eventually, your ex-partner hits you.

Retaliation.

This refers to acts or attempts to retaliate or seek retribution against the Complainant, Respondent, or any individual or group of individuals involved in the complaint, investigation and/or resolution of an allegation of sexual misconduct. Retaliation can take many forms, including threats, intimidation, pressuring, continued abuse, violence or other forms of harm to others.

  • Example: You have decided to file a formal complaint with the College against Student X, who sexually assaulted you. In the dining hall, a group of Student X’s friends start harassing you, calling you a liar and trying to dissuade you from filing a complaint.

Other Misconduct Offenses (will fall under Title IX when gender-based)

  • Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health of safety of any person;
  • Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits, or opportunities on the basis of gender;
  • Intimidation, defined as implied threats or acts that cause an unreasonable amount of fear of harm in another;
  • Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the college community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity;
  • Bullying, defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control, or diminish another person, physically or mentally (that is not speech or conduct otherwise protected by the 1st Amendment).
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