Sexual Misconduct

Definition…what is it?

  • Non-Consensual Sexual Con Non-consensual sexual contact is any intentional sexual touching, however slight, with any object, by a man or a woman upon a man or a woman that is without consent and/or by force. The determination of whether an environment is “hostile” must be based on all of the circumstances. These circumstances could include:
  • the frequency of the conduct;
  • the nature and severity of the conduct;
  • whether the conduct was physically threatening;
  • whether the conduct was humiliating;
  • the effect of the conduct on the alleged victim’s mental or emotional state;
  • whether the conduct was directed at more than one person;
  • whether the conduct arose in the context of other discriminatory conduct;
  • whether the conduct unreasonably interfered with the alleged victim’s educational or work performance;
  • whether the statement is a mere utterance of an epithet which engenders offense in an employee or student, or offends by mere discourtesy or rudeness
  • whether the speech or conduct deserves the protections of academic freedom or the 1st Amendment.