Title IX - Sexual Misconduct

As defined by University Rule, R1-012A: Non- Discrimination Rule, Sexual Misconduct is a type of Sex-Based Discrimination that encompasses a range of behaviors including Sexual-Based Harassment, Intimate Partner Violence, Sexual Exploitation, Sexual Violence, Nonconsensual Sexual Contact, and Nonconsensual Sexual Penetration. Sexual Misconduct also includes the crimes of dating violence, domestic violence, sexual assault and stalking as defined by state and federal law. 

means sexual harassment and other harassment on the basis of sex, sexual orientation, gender, gender identity, gender expression, pregnancy, or pregnancy-related conditions, that is:

1. Quid pro quo Harassment. An employee, faculty member, agent, or other person authorized by the University to provide an aid, benefit, or service under the University’s Programs or Activities explicitly or implicitly conditioning the provision of such aid, benefit, or service upon a person’s participation in unwelcome sexual conduct;
2. Hostile Environment Harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the University’s Programs or Activities (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
   
   1. the degree to which the conduct affected the Complainant’s ability to access the University’s Programs or Activities;
   2. the type, frequency, and duration of the conduct;
   3. the Parties’ ages, roles within the University’s Program or Activity, previous interactions, and other factors about each Party that may be relevant to evaluating the effects of the conduct;
   4. the location of the conduct and the context in which the conduct occurred; and
   5. other sex-based harassment in the University’s Program or Activity.

(when used in reference to the issue of whether a Complainant did or did not agree to allow a Respondent to engage in certain conduct) means affirmative, unambiguous, and voluntary agreement. See Guideline 1-012A for further clarification. For a non-exhaustive list of situations in which Consent has not been given, see Utah Code Ann. § 76-5-406.

means actual or threatened physical violence, intimidation, or other forms of emotional, physical or sexual abuse that would cause a reasonable person to fear harm to self or others. For Policy 1-012 and associated Regulations, “intimate relationship” means marriage, domestic partnership, engagement, casual or serious romantic involvement, and dating, whether in a current or former relationship. Intimate Partner Violence can occur between persons of any sex, sexual orientation, gender, gender identity, or gender expression, and it can occur in any type of intimate relationship including monogamous, non-committed, and relationships involving more than two partners. Intimate Partner Violence can be a single act or a pattern of behavior. Intimate Partner Violence is sometimes referred to as, and includes behaviors that would be considered, dating violence, domestic violence, or relationship abuse. Examples of Intimate Partner Violence include, but are not limited to, situations in which any of the following behaviors are directed toward a partner in a current or former intimate relationship: hitting, kicking, strangling, or other violence; property damage; or threat of violence to one’s self, one’s partner, or the family members, friends, pets, or personal property of the partner

means any physical contact of a sexual nature with another person without that person’s Consent. The touching of a person’s intimate parts (including but not limited to a person’s genitalia, groin, breast, buttocks, mouth, or clothing covering same); touching a person with one’s own intimate parts; or forcing a person to touch another’s intimate parts would be a physical contact of a sexual nature if it occurs without Consent.

means any act of sexual penetration of any bodily opening with any object or body part without another person’s Consent.

means sexual harassment and other harassment on the basis of sex, sexual orientation, gender, gender identity, gender expression, pregnancy, or pregnancy-related conditions, that is:

1. Quid pro quo Harassment. An employee, faculty member, agent, or other person authorized by the University to provide an aid, benefit, or service under the University’s Programs or Activities explicitly or implicitly conditioning the provision of such aid, benefit, or service upon a person’s participation in unwelcome sexual conduct;
2. Hostile Environment Harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the University’s Programs or Activities (i.e., creates a hostile environment). Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:
   
   1. the degree to which the conduct affected the Complainant’s ability to access the University’s Programs or Activities;
   2. the type, frequency, and duration of the conduct;
   3. the Parties’ ages, roles within the University’s Program or Activity, previous interactions, and other factors about each Party that may be relevant to evaluating the effects of the conduct;
   4. the location of the conduct and the context in which the conduct occurred; and
   5. other sex-based harassment in the University’s Program or Activity.

means any physical sexual act perpetrated against a person’s will or when a person is incapable of giving Consent.

means engaging in a course of conduct that is (i) directed at a specific person that (ii) would cause a reasonable person to (a) fear for the person’s safety or the safety of others or (b) suffer substantial emotional distress. For purposes of this definition:

1. Course of conduct means two or more acts, including but not limited to, acts in which the stalker directly or indirectly, or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person or interferes with a person's property.
2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
3. Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily, require medical or other professional treatment or counseling.
4. Any conduct that would constitutes stalking, as defined in Utah law at Utah Code Ann. §76-5-106.5 or in federal law at 34 U.S.C. 12291(a)(8), constitutes Stalking for purposes of Policy 1-012 and associated Regulations.

Discussion of issues or theories relating to sexuality or gender in an academic or professional setting, when appropriate to subject matter, will be presumed not to constitute Sex-Based Harassment even if it offends or embarrasses an individual unless other factors are involved, such as targeting the discussion to an individual or carrying out the discussion in terms that are both patently unnecessary and gratuitously offensive.