The following are definitions provided for various forms of sexual violence or sex harassment and associated terminology as provided by Board Policy 3020.
Dating violence is violence (violence includes, but is not limited to sexual or physical
abuse or the threat of such abuse) committed by a person who is or has been in a social
relationship of a romantic or intimate nature with the victim. The existence of such
a relationship shall be determined based on the reporting party’s statement and with
consideration of the following factors: (i) the length of the relationship, (ii) the
type of relationship, (iii) the frequency of interaction between the persons involved
in the relationship.
Dating violence can occur when one person purposely hurts or scares someone they are dating. Dating violence can be physical, emotional, and/or sexual abuse.
Domestic violence shall mean felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws.
Domestic violence includes patterns of abusive behavior in relationships used by one
partner to gain or maintain power and control over another intimate partner. Domestic
violence can be physical, sexual, emotional, economic, or psychological actions or
threats of actions that influence another person. This includes any behavior that
intimidates, manipulates, humiliates, isolates, frightens, terrorizes, coerces, threatens,
blames, hurts, injures, or wounds someone.
Under Neb. Rev. Stat. §28-323, domestic assault occurs when a person; (a) intentionally and knowingly causes bodily injury to his or her intimate partner; (b) threatens an intimate partner with imminent bodily injury; or, (c) threatens an intimate partner in a menacing manner. Intimate partner means a spouse; a former spouse; persons who have a child in common whether or not they have been married or lived together at any time; and persons who are or were involved in a dating relationship.
Sexual assault shall mean an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. Sexual assault is contact or sexual penetration that occurs without the consent of the recipient.
Sexual contact means the intentional touching of a person’s intimate parts or the intentional touching of a person’s clothing covering the immediate area of the person’s intimate parts. Sexual contact also includes when a person is forced to touch another person’s intimate parts or the clothing covering the immediate area of the person’s intimate parts. Sexual contact shall include only such contact which can be reasonably construed as being for the purpose of sexual arousal or gratification of either party.
Sexual penetration means sexual intercourse in its ordinary meaning, cunnilingus, fellatio, anal intercourse or any intrusion of any part of the person’s body or of a manipulated object into the genital or anal openings of another person.
Sex/gender harassment is unwelcome conduct of a sexual nature that is sex or gender-based. Sex/gender harassment can include (but is not limited to) the following:
- Unwelcome sexual advances
- Requests for sexual favors
- Other verbal, nonverbal, online, or physical conduct of a sexual nature
- Physical aggression, intimidation, or hostility based on sex or sex-stereotyping, sexual orientation and/or gender identity, even if those acts do not involve conduct of a sexual nature.
Harassment does not have to include an intent to harm, be directed at a specific target,
or involve repeated incidents. Sex/gender harassment is a violation of this policy.
- Quid Pro Quo Harassment
Quid Pro Quo harassment is defined as unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature, by a person who has authority or power over another, when submission to the sexual conduct is made (either explicitly or implicitly) a condition of a person’s academic standing, employment, participation in College programs or activities, or is used in evaluating a person’s educational or employment performance, development, or progress or in making another decision that will affect the person’s relationship with the Colleges.
- Hostile Environment Harassment
Sex and/or gender harassment creates a hostile environment for a student-victim when it is so severe, pervasive, or persistent that it interferes with, denies, or limits the student’s ability to participate in or benefit from the Colleges’ services, activities, or opportunities because of their sex or gender. A single incident, if sufficiently severe, can constitute a hostile environment. If conduct is sufficiently severe, it can create a hostile environment without being repetitive. Likewise, conduct that is less severe may not be sufficient to create a hostile environment without repeated incidents.
The determination regarding whether a hostile environment has been created requires objective and subjective consideration of the pertinent circumstances, including the type of conduct alleged, its severity, duration, and frequency, the context, including the parties’ age, sex, and relationship to each other, and any history of similar behavior.
- Retaliatory Harassment
Retaliation is any adverse or negative action taken against an individual due to their report of a policy violation, their cooperation in an investigation into an alleged policy violation, or their engagement in any other protected activity.
Any intentional act of sexual contact (touching or penetration) that is accomplished toward another without their consent. Such acts may include, but are not limited to, forced oral sex, forced anal penetration, insertion of foreign objects into the body, and any act of sexual intercourse "against someone's will." This includes, but is not limited to, the use of a weapon, physical violence or restraint, verbal threats, intimidation, and threats of retaliation or harm. Sexual Violence includes Sexual Assault as defined in this policy. Note: It is never appropriate for allegations of sexual violence to be resolved by mediation.
Stalking shall mean engaging in a course of conduct directed at a specific person that would cause a reasonable person to; (a) fear for his or her safety or the safety of others; or, (b) suffer substantial emotional distress.
- “Course of conduct” is defined as two or more acts (including, but not limited to) acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
- “Reasonable Person” is defined as a reasonable person under similar circumstances and with similar identities to the victim.
- “Substantial emotional distress” is defined as significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
Stalking includes a pattern of repeated and unwanted attention, harassment, contact or any other course of conduct directed at a specific person that would cause a reasonable person to feel fear. Stalking may include: repeatedly communicating with, following, threatening, or spreading rumors about a person who does not want the attention.
Any adverse or negative action taken against an individual due to their report of a policy violation,their cooperation in an investigation into an alleged policy violation, or their engagement in any other protected activity.
An individual who is currently enrolled or registered in an academic program or who has completed the immediately preceding term and is eligible for re-enrollment.
Consent is positive cooperation in an act or expressing intent to engage in an act. Consent is indicated through words or conduct. An absence of words or conduct does not constitute consent. An individual who consents to a sexual act must give that consent voluntarily, and with knowledge and understanding of the nature of the act and their participation in it. Consent to one type of sexual activity does not necessarily constitute consent for another type of sexual activity. Consent can be withdrawn by any party at any time through words or conduct.
- Capacity to Consent
Consent can be invalidated (in other words, a person cannot give consent) in a number of situations.
- A person cannot give consent if they are incapacitated by drugs or alcohol, unconscious, passed out, asleep, coming in and out of consciousness, or if they have a disorder, illness, or disability that would impair their understanding of the act and their ability to make decisions.
- A person cannot give consent if they are under the threat of violence, injury, or other forms of coercion or intimidation.
- A person cannot give consent if they are forced, coerced, intimidated, or deceived into providing consent. Consent cannot be inferred from silence or passivity alone.
The fact that the alleged victim was under the influence of drugs/alcohol may be considered in determining whether that person had the capacity to consent to the act in question. If the person was incapacitated, the question of whether the alleged perpetrator knew, or should have known, that the alleged victim was incapacitated will be considered.
- Lack of Consent
A person may express a lack of consent through words or conduct. A person need only resist, either verbally or physically, so as to make the person’s refusal to consent genuine and real and so as to reasonably make known to the other party that person’s refusal to consent. A person need not resist verbally or physically where it would be useless or futile to do so. The presence or absence of consent is based on the totality of circumstances, including the context in which an alleged incident occurred.