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 sexual discrimination, which includes sexual misconduct. 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).

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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.
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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.