Title IX – Sexual Misconduct

The University of Utah is committed to maintaining a campus that is safe, promotes individual value and dignity, equal access to its educational and medical programs, and employment and social opportunities. Among other forms of prohibited discrimination, university policy prohibits sex discrimination, which includes sexual misconduct. Sexual Misconduct is the most egregious form of sex discrimination. Title IX of the Education Amendments Act of 1972 is the comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. Complaints of sexual misconduct should be made directly to the Office of Equal Opportunity and Affirmative Action.

Policies, procedures, and resources are in place to take immediate and appropriate steps to remedy violations of University policy and the university will take steps to end or eliminate the hostile environment, prevent its recurrence and to remedy the effects, as appropriate under each individual’s circumstances. 

Definitions


As defined by University Rule, R1-012:  Discrimination Complaint RuleSexual 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, R1-012,  Discrimination Complaint Rule, Sexual Harassment means unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature or based on an individual’s sex, sexual orientation, gender, gender identity, or gender expression when:
  • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, education, living environment, health care or participation in a university program activity;
  • Submission to or rejection of such conduct by an individual 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; or
  • Such conduct has the purpose or effect of  interfering with an individual’s employment or educational performance or creating an intimidating, hostile, or offensive environment for that individual’s employment, education, living environment, or participation in a university program or activity.


Consent means affirmative, umambiguous, and voluntary agreement.  For a nonexhaustive 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 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 the sexual penetration of any bodily opening with any object or body part without Consent. This could be committed by force, threat, intimidation, or through exploitation of another’s mental or physical condition (such as lack of consciousness, incapacitation due to drugs or alcohol, age, or disability) of which the Respondent was actually aware of which a reasonable person in the Respondent’s position should have been aware.  Nonconsensual Sexual Penetration is a form of Sexual Misconduct.


means the sexual penetration of any bodily opening with any object or body part without Consent. This could be committed by force, threat, intimidation, or through exploitation of another’s mental or physical condition (such as lack of consciousness, incapacitation due to drugs or alcohol, age, or disability) of which the Respondent was actually aware of which a reasonable person in the Respondent’s position should have been aware.  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, or gender expression when:
  1. 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
  2. a person’s sex, sexual orientation, gender, gender identity or expression is used as the basis for or a factor in decisions affecting that individual’s employment, education, living environment, health care, or participation in a University program or activity.


means any physical sexual act perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to age or use of drugs or alcohol, or because an intellectual or other disability prevents the person from having the capacity to give consent).



means engaging in a course of conduct directed at a specific person and based on that’s person’s sex, sexual orientation, gender, gender identity, or gender expression, that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress. Stalking is a form of Sexual Misconduct.


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 sexual harassment even if it offends or embarrasses an individual unless other factors are involved. Such factors include targeting the discussion to an individual or carrying out the discussion in terms that are both patently unnecessary and gratuitously offensive.

What is a ‘Mandatory Report”

Under university policy, most  University employees are legally required to report situations involving sexual misconduct and discrimination to the Office of Equal Opportunity/Affirmative Action.  Some of these situations may be very personal; we respect your privacy and will protect it in accordance with University of Utah policy and FERPA. Although information about the situation may be reported to the OEO/AA,  you have the right to choose to whom you speak, what you say, when you say it and what resources you use. If you prefer to speak first with a confidential resource (not required to report), you may contact the University Counseling Center (801 581-6826) , the Women’s Resource Center (801 581-8030), or Center for Student Wellness, Sexual Assault Victim Advocacy Office (801 581-7779).  Information provided to OEO/AA is considered ‘private’ information and will only be shared with other appropriate university personnel on a very strict ‘need-to-know’ basis. 

Resources

Campus Resources

University of Utah Hospital
healthcare.utah.edu/hospital
801-585-20131

University of Utah Public Department (UUPD):  
dps.utah.edu
911 or 801-585-COPS (2677)

Office of the Dean of Students:
odos.utah.edu
801-581-7066

Victim Advocates:
advocate.wellness.utah.edu
801-581-7779

Univesity Counseling Center
counselingcenter.utah.edu
801-581-6826

Women’s Resource Center
womenscenter.utah.edu
801-581-8030

LGBT Resource Center
lgbt.utah.edu
801-581-7973

Off Campus Resources

Salt Lake City Police Department
slcpd.com
801-799-3000

Salt Lake County Sheriff (Unified Police Department)
updsl.org
801-743-7000

Rape Sexual Assault Hotline
raperecovercenter.com
888-421-1100

Salt Lake Rape Recovery Center
raperecoverycenter.com
801-467-7273

Domestic Violence Hotline
hsdcfs.utah.gov/domestic-violence.htm
1-800-897-5465

Rape, Abuse and Incest Hotline
www.rainn.org
1-800-656-4637