Title IX - Sexual Misconduct

As defined by University Rule, R1-012A: Non- Discrimination Rule, Sexual Misconduct is a broad term used to encompass a range of behaviors including Sexual or Gender-Based Harassment, Intimate Partner Violence, Sexual Exploitation, Stalking, 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. Sexual Misconduct is a form of Sex Discrimination. The following definitions of prohibited conduct apply to University policies.

As defined by University Rule, R1-012A, Non-Discrimination Rule, Sex-Based Harassment 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:

• 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;
• 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);
• Specific Offenses of Sexual Assualt /Sex Offenses (rape, fondling, incest, statutory rape), Dating Violence, Domestic Violence, and Stalking. For expanded definitions of these terms, see Rule R1-012A(ii)(V)(3)

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 this policy, “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 the following behaviors are directed toward a partner in a current or former intimate relationship: hitting, kicking, strangling, or other violence; property damage; and threat of violence to one’s self, one’s partner, or the family members, friends, pets, or personal property of the partner. Intimate Partner Violence is a form of Sexual Misconduct.

means any physical contact with another person of a sexual nature without that person’s Consent. The touching of a person’s intimate parts (such as 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 violations of this policy if they occur without Consent. Nonconsensual Sexual Contact is a form of Sexual Misconduct.

means any act of sexual penetration of any bodily opening with any object or body part without another person’s Consent. Nonconsensual Sexual Penetration is a form of Sexual Misconduct.

means treating someone differently, i.e., disadvantaging the person, on the basis of sex, sexual orientation, gender, gender identity, gender expression, pregnancy, or pregnancy-related conditions, when:

• such conduct adversely affects a term or condition of an individual’s employment, education, living environment, or participation in a University Program or Activity; or
• a person’s sex, sexual orientation, gender, gender identity, gender expression, pregnancy, or pregnancy-related conditions is used as the basis for or a factor in decisions affecting that individual’s employment, education, living environment, or participation in a University Program or Activity.

Sex-Based Discrimination is a type of Discrimination.

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 directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress.

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.