Definitions

 

Policy Definitions

 

Sex Discrimination

 

Sex Discrimination is an umbrella term encompassing multiple types of actions involving the unfavorable treatment of an individual or group of identifiable individuals based on sex.

 

Sexual Harassment

 

Sexual harassment is unwelcomed sexual advances, requests for sexual favors and other verbal or physical contact or communication of a sexual nature when:

 

  1. Submission to such conduct or communication is made either explicitly or implicitly a term or condition of educational benefits, employment, academic evaluations or other academic opportunities,
  2. Submission to or rejection of such conduct or communication by an individual is used as the basis for an employment decision or academic decision affecting such individual, or
  3. Such conduct is sufficiently severe, pervasive, or persistent and objectively offensive that has the effect of creating an intimidation, hostile or offensive environment which negatively affects an individual’s academic or employment environment.

 

Sexual harassment does not include verbal expressions or written materials that is relevant and appropriately related to course subject matter or curriculum, and this policy shall not abridge academic freedom or the college’s educational mission.

 

Two forms of Sexual Harassment:

 

 

Examples

 

Offensive physical contact- Possible problem areas include:

 

 

Sexual Misconduct

 

Sexual misconduct is engaging in non-consensual contact of a sexual nature. Sexual misconduct may vary in its severity and consists of a range of behavior or attempted behavior including, but not limited to, the following examples of prohibited conduct:

 

Effective Consent is:

 

Further:

Individuals who commit acts of sexual misconduct assume responsibility for their behavior and must understand that the use of alcohol or other drugs does not reduce accountability for their actions.

 

Examples of sexual misconduct violations:

 

 

Domestic Violence

 

Domestic violence is a crime of violence committed by a:

 

Domestic violence is a pattern of abusive behavior that is used by one partner to gain or maintain power and control over another intimate partner. It can be physical, sexual, emotional, economic, or psychological actions or threat of actions that influence another person.

 

Definition consistent with Violence Against Women Act Volume 79 CFR.

 

Dating Violence

 

Dating violence is committed by a person who is or has been in a social relationship of a romantic or intimate nature with another person.

Definition consistent with Violence Against Women Act Volume 79 CFR.

 

Stalking

 

Any person who willfully, maliciously, and repeatedly follows or harasses another person in a manner that:

 

  1. “Harasses” means a pattern or course of conduct directed toward another individual that includes, but is not limited to, repeated or continuing unconsented contact, that would cause a reasonable person to suffer emotional distress, and that actually causes emotional distress to the victim. Harassment shall include harassing or obscene phone calls as prohibited by Section 1172 of this title and conduct prohibited by Section 850 of this title. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose;
  2. “Course of conduct” means a pattern of conduct composed of a series of two (2) or more separate acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct”;
  3. “Emotional distress” means significant mental suffering or distress that may, but does not necessarily require, medical or other professional treatment or counseling;
  4. “Unconsented contact” means any contact with another individual that is initiated or continued without the consent of the individual, or in disregard of that individual's expressed desire that the contact be avoided or discontinued. Constitutionally protected activity is not included within the meaning of unconsented contact. Unconsented contact includes but is not limited to any of the following:

 

 

  1. “Member of the immediate family”, for the purposes of this section, means any spouse, parent, child, person related within the third degree of consanguinity or affinity or any other person who regularly resides in the household or who regularly resided in the household within the prior six (6) months.

 

Stalking can occur by someone that is known casually, a current boyfriend or girlfriend, someone dated in the past or a stranger.

 

Definition consistent with Violence Against Women Act Volume 79 CFR and Oklahoma state statute.

 

Retaliation

The college will not tolerate retaliation against a person who, in good faith, brings a complaint forward.  Any attempt to penalize or retaliate against a person for filing a complaint or participating in the investigation of a complaint of sexual harassment will be treated as an equally serious form of harassment.

 

Oklahoma State Statutes

 

The following are the definitions as described in Oklahoma State Statues and not necessarily the definition the college has for these terms.

 

These definitions can be found in the Protection from Domestic Abuse Act and in the Domestic Abuse Reporting Act.

 

 

Rape is an act of sexual intercourse accomplished with a male or female who is the spouse of the perpetrator if force or violence is used or threatened, accompanied by apparent power of execution to the victim or to another person.