Definition of Sexual Harassment
Sexual harassment is any unwelcome sexual advance, request for sexual favors, or other verbal or physical conduct that relates to the gender or sexual identity of an individual when:
- submission to such conduct is made either explicitly or implicitly a term or condition of a person's employment or academic advancement;
- submission to or rejection of such conduct by an individual is used as the basis for decisions affecting an individual's employment or academic standing;
- such conduct is so severe or pervasive as to have the effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working, educational, or social environment.
No forms of sexual harassment will be tolerated. This includes mobile and internet driven sexual harassment, commonly delivered through the electronic environment. This includes, but is no limited to: emails, text messages, personal blogs, and social networking sites, such as message boards, tweets, status updates and chat rooms.
Definition of Sexual Misconduct
Sexual misconduct is a form of sexual harassment prohibited by Title IX and Le Moyne College. Any sexual activity without mutual consent is prohibited. Violations of this policy shall include, but no be limited to the following:
- Level I Sexual Misconduct
- Level II Sexual Misconduct
- Level III Sexual Misconduct
What is Consent?
Consent is permission. For the purposes of this policy, it is clear, given knowingly and voluntarily, either by actions or by words by someone capable of giving it. It must be explicit and not implied. It is the responsibility of all parties involved to make certain the other has consented to sexual activity. Consent to some sexual activity (i.e. kissing, fondling) cannot be presumed consent for other sexual activity (i.e. intercourse). A past relationship or prior consenting sexual activity does not constitute consent for future sexual activity.
Incapacitated persons cannot give consent. One who is incapacitated as a result of alcohol or drugs (voluntary or involuntary) or who is unconscious, unaware, or otherwise physically helpless, is incapable of giving consent. A student who engages in sexual activity with another whom the student knows or should reasonably know is unable to give consent because of the use of drugs, alcohol, or other substances is in violation of this policy.
Consent may be withdrawn by an individual at any time during sexual activity. This withdrawal of consent may be through words, actions or a combination of both, that he or she no longer wants the activity to continue. When this occurs the other participant must cease immediately.
In New York State, a minor (meaning a person under the age of 17 years) cannot consent to sexual activity. This means that sexual contact with a person less than 17 years old is a crime as well as a violation of this policy even if the minor wanted to engage in the sexual act.