Harassment, Sexual Harassment and Sexual Assault

The term harassment is defined by Rochester College as any verbal, written, or physical conduct that a person knows or has reasonable grounds to know would disrespect, intimidate, demean or degrade an individual’s or group’s human or civil rights and that may result in his or her mental, emotional or physical discomfort, ridicule or harm. Examples of harassment include, but are not limited to the following: Physical or verbal attacks upon a person which hinders the person from conducting customary or usual college related affairs; conduct or expressive behavior that puts a person in fear of his/her safety and/or causes a person to suffer actual physical or mental injury or harm; intentionally or inadvertently creating an intimidating, hostile or demeaning living or educational environment; physical aggression intended for one individual by another, related to the individual’s dating relationship or association with a person or persons different from oneself.

Furthermore, sexual harassment is defined as an attempt to coerce an unwilling person into a sexual relationship, to subject a person to unwanted sexual attention, to punish a refusal to comply, or to create a sexually intimidating, hostile or offensive working, living, or educational environment. This definition will be interpreted and applied in a manner consistent with the accepted standards of mature behavior, academic freedom, and the mission of the College. Concerns about sexual harassment that include faculty, staff or those that are related to on campus employment should be directed to Human Resources. If an incident is between two students, the concern should be directed to the Dean of Students. Incidents between students will be addressed according to the Disciplinary Procedures outlined earlier in this handbook.

Dating violence is defined as any act of violence 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 victim’s statement and with consideration of the type and length of the relationship and the frequency of interaction between the persons involved in the relationship. Two people may be in a romantic or intimate relationship, regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary fraternization between two individuals in a business or social context shall constitute a romantic or intimate relationship. This definition does not include acts covered under domestic violence.

Consent is defined as affirmative, clear, unambiguous, knowing, informed, and voluntary agreement between all participants to engage in sexual activity. Consent is active, not passive. Silence or lack of resistance cannot be interpreted as consent. Seeking and having consent accepted is the responsibility of the person(s) initiating each specific sexual act regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Consent to any sexual act or prior consensual sexual activity between or with any party does not constitute consent to any other sexual act. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression. Consent may be initially given but withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop. Consent cannot be given when a person is incapacitated. Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate in sexual activity. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, being involuntarily restrained, if any of the parties are under the age of 17, or if an individual otherwise cannot consent. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm. Domestic violence is defined as any violent felony or misdemeanor crime committed by a current or former spouse or intimate partner of the victim, a person sharing a child with the victim, or a person cohabitating with the victim as a spouse or intimate partner.

Stalking is defined as intentionally engaging in a course of conduct, directed at a specific person, which is likely to cause a reasonable person to fear for his or her safety or the safety of others or cause that person to suffer substantial emotional damage. Examples include, but are not limited to, repeatedly following such person(s), repeatedly committing acts that alarm, cause fear, or seriously annoy such other person(s) and that serve no legitimate purpose, and repeatedly communicating by any means, including electronic means, with such person(s) in a manner likely to intimidate, annoy, or alarm him or her.

Sexual assault is defined as forced, manipulated or coerced sexual activity. It is a violent crime using sexual means. When the act involves unwanted penetration, it is rape.