Sex Assault Definitions

Definitions of Sexual Assault, Sexual Exploitation, Sexual Harassment and Stalking

EOU defines Sexual Assault as any nonconsensual sexual act. A sexual act is nonconsensual if it is:

• inflicted upon someone who cannot grant consent (due to cognitive disability, age, incapacitation due to drug/alcohol use, etc.); or
• compelled through the use of coercion, intimidation, threats, or physical force

Additionally, EOU ascribes to the Oregon University System’s (OUS) Policy on Sexual Misconduct which, along with Sexual Assault, prohibits Sexual Exploitation, Sexual Harassment, and Stalking utilizing the following definitions:

1. Sexual Contact means the touching of the genitalia, anus, buttocks, breast or mouth, as well as, any contact for the purpose of sexual gratification.
2. Sexual Behavior means any action, short of sexual contact, done for purposes of sexual gratification, and may include but is not limited to voyeurism, exposing, masturbation, frottage, and audio/video recording.
3. Non-consensual is the absence of shared sexual permission. Shared sexual permission is clear, voluntary, non-coerced and clearly indicates a willingness to participate in sexual contact/behavior, whether through affirmative verbal responses or non-verbal communication unmistakable in meaning and given by an adult (age 18 or older). Shared sexual permission to one form of sexual contact/behavior does not operate as permission to any other or the same form of sexual contact/behavior.
4. Incapacitation is a mental or physical condition that renders a person unable to grant consent. Incapacitation may be a state or condition resulting from the use of alcohol or other drugs, or lack of sleep, sleep, and unconsciousness. Incapacitation may also be the result of cognitive impairment, such as a developmental disability, brain injury, or mental illness.
5. Force includes but is not limited t physical force, violence, abuse, threat of force (direct or implied), intimidation, extortion, harassment, coercion, fraud, duress or pressure.
6. Sexual Exploitation occurs when a person takes a non-consensual, unjust or abusive advantage of another in a sexual or intimate context, for his/her own advantage or benefit, or to benefit or advantage of anyone other than the one being exploited, and that behavior does otherwise constitute non-consensual sexual misconduct. Sexual exploitation includes permitting or facilitating non-consensual viewing, videotaping, or audio taping of sexual or intimate activity, knowingly inflicting another person with HIV or other sexually transmitted infection, inducing incapacitation of another person with the intent to facilitate sexual misconduct against that person, or compelling prostitution.
   
7. Sexual Harassment(as defined by Oregon Administrative Rule 580-015-010(2)) means any sexual advance, any request for sexual favors or other verbal or physical conduct of a sexual nature when:
   • Submission to such advances, requests, or conduct is made either explicitly or implicitly  a term or condition of a student’s employment or academic experience; or
   • Submission to or rejection of such advances, requests or conduct by a student is used as a basis or condition of employment and/or academic decisions affecting the student; or
   • Such conduct interferes with the work or academic performance of a student because it has created an intimidating, hostile or offensive working or academic environment for the student who is the object of the conduct and a reasonable person of that student’s gender would have been affected similarly to the student.
   • Employee conduct directed toward a student – whether unwelcome or welcome – can constitute sexual harassment.
8. Stalking is a pattern of repeated harassment, unwanted attention, and/or contact, and can include, but is not limited to:
   • Following or laying in wait for the victim
   • Repeated unwanted, intrusive, and frightening communications from the perpetrator by phone, mail, and/or e-mail
   • Damaging the victim’s property
   • Making direct or indirect threats to harm the victim, the victim’s children, relatives, friends, or pets
   • Repeatedly sending the victim unwanted gifts
   • Harassment through the Internet, known as “cyber stalking,” “online stalking,” or “Internet stalking.”
   • Securing personal information about the victim by accessing public records, using Internet search devices, hiring private investigators, contacting friends, family, work, or neighbors, going through the victim’s garbage, following the victim, etc.