Learn More about Reopening WCSU

Office of Diversity and Equity : WCSU Campus Response & Resource Team (“CaRRT”)

Definition(s)

Last updated: August 10, 2020

Under the new Title IX guidance for the U.S. Department of Education Office of Civil Rights, sexual harassment means conduct on the basis of sex that satisfies one or more of the following:

  1. An employee of the recipient conditioned in the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct;
  2. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; or
  3. “Sexual assault” as defined in 20 U.S.C. 1092(6)(A)(v), “dating violence” as defined in 34 U.A.X. 12291(a)(10)iii, “domestic Violence” as defined in 34 U.S.C. 12291(a)(8)”, or “stalking” as defined in 34 U.S.C. 12291(a)(30).

If the WCSU Title IX Coordinator (“WCSU TIX Coordinator”) determines that the alleged harassment meetings the above definition of sexual harassment, as well as occurred within the United States on property owned or controlled by the institution or any building owned or controlled by a student organization officially recognized by the institution, and at the time of the filing of the complainant was participating or attempting to participated in an educational program or activity at WCSU, the WCSU TIX Coordinator will initiate the Title IX investigation process.  If the WCSU TIX Coordinator determines that the alleged harassment does not meet the above factors, but the alleged misconduct violates the Board of Regents (“BOR”) policy the WCSU TIX Coordinator will comply with the BOR Sexual Misconduct Reporting, Supportive Measures and Processes Policy. If the WCSU TIX Coordinator  determines that the allegations do not constitute a violation.of either Title IX or Board policy and can make no finding of responsibility, complainant and accused/respondent will be notified that the matter will be closed.

Under the revised 7/29/2020 BOR Sexual Misconduct Reporting, Supportive Measures and Processes Policy, the following definitions are applicable:

Sexual Assault: shall include, but is not limited to, to a sexual act directed against another person without the consent (as defined in the policy) of the other person or when that person is not capable of giving such unsent.

Sexual assault is further defined in sections 53a-70 and 70(a), 53a-71, 53a-72(a) and (b) and 53a-73(a) of the Connecticut General Statutes.

Sexual Exploitation: occurs when a person takes non-consenual or abusive sexual advantage of another for anyone’s advantage or benefit other than the person being exploited, and that behavior does not otherwise constitute one of the proceding sexual misconduct offense.  Examples of behavior that could rise to the level of sexual exploitation include:

  • Prostituting another person;
  • Non-consensual visual (i.e., video, photograph, social media posting) or audio-recording of sexual activity;
  • Non-consensual distribution of photos, other images, or information of an individual’s sexual activity, intimate boy parts or nakedness, with the intent or having the effect of embarrassing an individual who is the subject of such images or information;
  • Going beyond the bounds of consent (i.e., an individual who allows friends to hide in the closet to watch him or having having consensual sex);
  • Engaging in non-consensual voyeurism;
  • Knowingly transmitting a sexually-transmitted infection (“STI”), such as HIV (or AIDS) to another without disclosing your STI status;
  • Exposing one’s genitals in noq-consenual circumstances, or inducing another to expose his or her genitals; or
  • Possessing, distributing, viewing or forcing others to view illegal pornography.

Sexual exploitation is further defined as sa crime in Connecticut State Law.

Intimate Partner Violence (also known as “dating violence,” “domestic violence,” or “interpersonal violence”): means any physical or sexual harm against an individual by a current or former spouse of or person in a dating or cohabitating relationship with such individual that results from any action by such spouse or such person that may be classified as a sexual assault under section 53a‐70, 53a‐70a, 53a‐70b, 53a‐71, 53a‐72a, 53a‐72b or 53a‐73a of the general statutes, stalking under section 53a‐181c, 53a‐181d or 53a‐181e of the general statutes, or domestic or family violence as designated under section 46b‐38h of the general statutes. This includes any physical or sexual harm against an individual by a current or former spouse or by a partner in a dating relationship that results from (1) sexual assault (2) sexual assault in a spousal or cohabiting relationship; (3) domestic violence; (4) sexual harassment (5) sexual exploitation, as such terms are defined in this policy.

Offenses that are designated as “domestic violence” are against family or household members or persons in dating or cohabitating relationships and include assaults, sexual assaults, stalking, and violations of protective or restraining orders issued by a Court. Intimate partner violence may also include physical abuse, threat of abuse, and emotional abuse.

  • Physical abuse includes, but is not limited to, slapping, pulling hair or punching.
  • Threat of abuse includes but is not limited to, threatening to hit, harm or use a weapon on another (whether victim or acquaintance, friend or family member of the victim) or other forms of verbal threat.
  • Emotional abuse includes but is not limited to, damage to one’s property, driving recklessly to scare someone, name calling, threatening to hurt one’s family members or pets and humiliating another person.
  • Cohabitation occurs when two individuals dwell together in the same place as if married.
  • The determination of whether a “dating relationship” existed is to be based upon the following factors: the reporting victim’s statement as to whether such a relationship existed, the length of the relationship, the type of the relationship and the frequency of the interaction between the persons reported to be involved in the relationship.

Stalking: defined as repeatedly contacting another person when contacting person knows or should know that the contact is unwanted by the other person; and the contact causes the other person reasonable apprehension of imminent physical harm or the contacting person knows or should know that the contact causes substantial impairment of the other person’s ability to perform the activities of daily life.   As used in this definition, the term “contacting” includes, but is not limited to, communicating with (including internet communication via e‐mail, instant message, on‐ line community or any other internet communication) or remaining in the physical presence of the other person.

For more detailed information, please go to: www.wcsu.edu/diversity/CaRRT