- Definitions of Sexual Harassment, Sexual Violence/Assault, Domestic Assault, Dating Violence, and Stalking
A. Sexual Harassment
Sexual harassment is a particular type of harassment that consists of any unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature. Some examples of sexual harassment may include, but are not limited to:
- Pressure for a dating, romantic, or intimate relationship
- Unwelcome touching, kissing, hugging, or massaging
- Pressure for sexual activity
- Unnecessary references to parts of the body
- Sexual innuendos or sexual humor
- Obscene gestures
- Sexual graffiti, pictures, or posters
- Sexually explicit profanity
- Asking about, or telling about, sexual fantasies
- E-mail and Internet use that violates this policy
- Sex-based stalking
- Sexual bullying
Sexual harassment also includes sexual violence/assault, as further defined and explained below. Domestic assault, dating violence, and stalking can also constitute sexual harassment when such an incident is motivated by a person’s sex. These crimes, no matter the motivation behind them, are a violation of this policy. Applicable definitions can be found below.
Sexual harassment constitutes a form of prohibited discrimination when it denies or limits a person’s ability to participate in or benefit from the University’s Programs and Activities or any aspect of the employment relationship. Sexual harassment denies or limits a person’s ability to participate in or benefit from the University’s Programs and Activities or any aspect of the employment relationship when:
- Definition of Affirmative Consent
The expectations of the University Community regarding sexual harassment (including sexual violence/assault) can be summarized as follows: In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing, and voluntary consent prior to and during sexual activity. Consent requires an affirmative act or statement by each participant. Consent is not passive. Silence–without actions demonstrating permission–cannot be assumed to show consent. Anything but a clear, knowing, and voluntary consent to any sexual activity is equivalent to a “no.”
- Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity.
- Previous relationships or prior consent do not imply consent to future sexual acts.
- If coercion, intimidation, threats, and/or physical force are used, there is no consent.
- If a person is mentally or physically incapacitated or impaired such that the person cannot understand the fact, nature, or extent of the sexual situation, there is no consent.
- In order to give effective consent, a person must be of legal age. In the State of Missouri, the legal age of consent is 14. (If you are over 18 but fewer than 21, the age of consent is 14. If you are over 21, you may not have sexual intercourse with anyone under 17.) Sexual acts with someone less than 14 are a violation of state law and of this policy.
- Reporting Sexual Harassment (Including Sexual Violence/Assault)
- Title IX: Pregnancy and Parenting
Title IX of the Education Amendments of 1972 (“Title IX”), 20 U.S.C. §1681 et seq., is a Federal civil rights law that prohibits discrimination on the basis of sex—including pregnancy and parental status—in educational programs and activities.
Classes and School Activities – your school MUST:
Allow you to continue participating in classes and extracurricular activities even though you are pregnant. This means that you can still participate in advanced placement and honors classes, school clubs, sports, honor societies, student leadership opportunities, and other activities, like after-school programs operated at the school.
Allow you to choose whether you want to participate in special instructional programs or classes for pregnant students. You can participate if you want to, but your school cannot pressure you to do so. The alternative program must provide the same types of academic, extracurricular and enrichment opportunities as your school’s regular program.
Allow you to participate in classes and extracurricular activities even though you are pregnant and not require you to submit a doctor’s note unless your school requires a doctor’s note from all students who have a physical or emotional condition requiring treatment by a doctor. Your school also must not require a doctor’s note from you after you have been hospitalized for childbirth unless it requires a doctor’s note from all students who have been hospitalized for other conditions.
Provide you with reasonable adjustments, like a larger desk, elevator access, or allowing you to make frequent trips to the restroom, when necessary because of your pregnancy.
- Title IX: Helpful Tips for Pregnant and Parenting Students
Ask your school for help—meet with your school’s Title IX Coordinator or counselor regarding what your school can do to support you in continuing your education.
Keep notes about your pregnancy-related absences, any instances of harassment and your interactions with school officials about your pregnancy, and immediately report problems to your school’s Title IX Coordinator, counselor, or other staff.
If you feel your school is discriminating against you because you are pregnant or parenting you may file a complaint:
- Using your school’s internal Title IX grievance procedures.
- With the U.S. Department of Education, Office for Civil Rights (OCR), even if you have not filed a complaint with your school. If you file with OCR, make sure you do so within 180 days of when the discrimination took place.
- In court, even if you have not filed a complaint with your school or with OCR.
- Know Your Rights
Fundamental Rights of the Parties During Investigation and Determination of A Complaint
During the investigation and resolution of a complaint, the complainant and respondent shall have equal rights. They include:
- Being notified regarding investigation procedures, formal resolution procedures, and informal resolution procedures
- Having a support person accompany him or her at all stages of the process. The support person does not serve as an advocate or speak on behalf of the complainant or respondent, may not be actively involved in any proceedings, and must agree to maintain the confidentiality of the process.
- Similar and timely access to written statements and other evidence considered in the determination of the complaint
- The right to testify either in writing, verbally, or both
- The right to identify and have considered the testimony of a reasonable number other witnesses
- The right to identify and have considered written evidence
- Equal access to review and comment upon any information independently developed by the Investigator
- The right to receive written notice of the determination of the complaint from the Vice President for Student Life
- The right to appeal
- The right to receive written notice of the outcome of an appeal, including any changes that were made to the previous d
Senior Compliance Officer/Title IX Coordinator
Student Life, Donius University Center 110
Work Phone: 314.529.9881
Cell Phone: 314.308.5481
Dean of Students/Deputy Title IX Coordinator
Student Life, Donius University Center 111
Work Phone: 314.529.9476
Federal Title IX Resources
U.S. Department of Education
One Petticoat Lane
1010 Walnut Street, Suite 320
Kansas City, MO 64106