Sexual Misconduct Policy Terms
The University prohibits Employees, Students, and third parties from engaging in Sexual Harassment, which includes conduct that creates a Hostile Environment, Quid Pro Quo harassment, Sexual Assault, Relationship Violence, and Stalking (collectively referred to herein as “Sexual Misconduct”). The University will take swift action to address Sexual Misconduct when the University has Actual Knowledge that it has occurred.
Sexual Misconduct is referred to as "sexual harassment" in Title IX of the Education Amendments of 1972 and 34 C.F.R. § 106 et seq. (2020). Sexual Misconduct includes one or more of the following types of conduct: Hostile Environment, Quid Pro Quo, Sexual Assault (Penetration) and (Sexual Touching), Relationship Violence,and Sex-based Stalking.
Sexual Harassment includes Hostile Environment and Quid Pro Quo.
- Hostile Environment harassment is unwelcome Sex-based conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University's Employment or Education Program or Activity.
- Quid Pro Quo harassment occurs when a University Employee conditions the provision of a University aid, benefit, or service on a person's participation in unwelcome sexual conduct.
Relationship Violence includes Dating Violence and Domestic Violence.
- Dating Violence includes violence or physical harm, or threat of violence or physical harm, when committed by a person against their current or former intimate dating partner; or any attempt, conspiracy, or solicitation by a person to commit an offense involving violence or physical harm against their current or former intimate dating partner. Violence includes Sexual Assault (Penetration) and Sexual Assault (Sexual Touching).
- Domestic Violence includes violence or physical harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit an offense involving violence or physical harm, when committed by a current or former spouse, intimate partner, or intimate cohabitant against another or by a person against another person with whom they share a child in common. Violence between current or former roommates is not domestic violence unless the parties are current or former spouses or are or were in an intimate relationship or have a shared child. Violence includes Sexual Assault (Penetration) and Sexual Assault (Sexual Touching). See USU Policy 533.
Sexual Assault includes Sexual Assault (Penetration) and Sexual Assault (Sexual Touching).
- Sexual Assault (Penetration) is penetration of the vagina or anus, however slight, by a finger, object, penis, or tongue, without a person's consent; and oral penetration (mouth to genital contact or genital to mouth contact) without a person's consent.
- Sexual Assault (Sexual Touching) is nonconsensual or unwelcome touching - under or over the clothing - of the breasts, buttocks or groin, making another person touch any of these body parts, or the emission of ejaculate onto the clothing or body of another person for the purpose of sexual gratification.
Stalking is engaging in a course of conduct directed at a specific person or persons based on sex, that would cause a reasonable person to fear for their safety or for the safety of others or to suffer substantial emotional distress. Stalking may include by telephone, mail, electronic communication, social media, or any other action, device, or method.
- A course of conduct is two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through a third party, follows, monitors, observes, surveils, threatens, intimidates, harasses, or communicates to or about a person, or interferes with a person's property by telephone, mail, electronic communication, social media, or any other action, method, device, or means.
Students and Employees, regardless of whether they are parties, are prohibited from engaging in retaliation. Retaliation includes intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege under Policy 339, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in a formal investigation, proceeding, or hearing.
A Student or Employee who engages in retaliation is subject to discipline.