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Sexual Assault Definitions

 

Sexual assault includes but is not limited to:

  1. Unwanted verbal (including telephone), written (including electronic media), pictorial, or physical conduct of a sexual nature which a reasonable person would consider intimidating, hostile, offensive and/or which adversely affects the learning, working or living environment of the campus.
  2. Rape: sexual penetration of another person, or causing the penetration of another person without fist obtaining explicit consent, or when the rapists knows or should have known the person was incapable of consent.
  3. Sexual Activity, when it falls within the legal definition of statutory rape/sexual assault.

 

Definitions

  • Sexual assault: sexual contact with any person without having first obtained explicit consent, or when the offender knows or should have known the person was incapable of consent.
  • Explicit consent: requires a voluntary, non-coerced, and clear verbal communication that indicates a willingness to engage in a particular act.
  • Incapable of consent: refers to a situation where an individual is not capable of affirming the sexual contact by reason of mental disorder, mental incapacitation (such as being under the influence of a controlled or other intoxicating substance), or physical helplessness (unable to physically communicate unwillingness to an act).