第九条 - What Constitutes Sexual Harassment, 性侵犯, Dating and 家庭暴力, 和被人跟踪?

Definition of Sexual Harassment

性的进展, requests for sexual favors, 还有其他口头上的, 物理, or visual conduct of a sexual 自然 constitute sexual harassment when:

Submission to such conduct is made or 威胁ened to be made, either explicitly or implicitly, a term or condition of an individual’s employment or 教育
Submission to or rejection of such conduct by an individual is used or 威胁ened to be used as the basis for academic or employment decisions affecting that individual, or
Such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance or creating what a reasonable person would perceive as an intimidating, 充满敌意的, or offensive employment, 教育, 或者生活环境

Examples of Sexual Harassment

Some examples of sexual harassment include:

Pressure for a dating, romantic, or intimate relationship
Unwelcome touching, kissing, hugging, or massaging
Pressure for sexual activity
Unnecessary references to parts of the body
Sexual innuendos or sexual humor
猥亵的手势
Sexual graffiti, pictures, or posters
Sexually explicit profanity
Asking about, or telling about, sexual fantasies
E-邮件 and Internet use that violates this policy
Sexual violence/assault (as defined below)

Further examples of sexual harassment may be found in the Frequently Asked Questions.

Sexual Violence/Assault

The Definition of Sexual Violence/Assault

Sexual violence/assault is a form of prohibited sexual harassment. Sexual violence/assault includes 物理 sexual acts perpetrated against a person’s will or where a person is incapable of giving consent because of his or her temporary or permanent mental or 物理 incapacity or because of his or her youth.

Examples of Sexual Violence/Assault

Some examples of sexual violence/assault include:

Sexual intercourse (anal, oral, or 阴道) by a man or woman upon a man or woman without consent
Unwilling sexual penetration (anal, 阴道, or oral) with any object or body part that is 以武力承诺, 威胁, 和恐吓
Sexual touching with an object or body part, by a man or woman upon a man or woman, without consent
Sexual touching with an object or body part, by a man or woman upon a man or woman, 以武力承诺, 威胁, 和恐吓
Prostituting another student
Non-consensual video or audio-taping of sexual activity
Knowingly transmitting a sexually transmitted disease to another

Further examples of sexual violence/assault may be found in the Frequently Asked Questions.

同意的定义

Lack of consent is a critical factor in determining whether sexual violence/assault has occurred. Consent is informed, freely given, and mutually understood. Consent requires an affirmative act or statement by each participant. Consent is not passive.

If coercion, intimidation, 威胁s, and/or 物理 force are used, 没有同意.
If a person is mentally or 物理ly incapacitated or impaired by alcohol or drugs such that the person cannot understand the fact, 自然, or extent of the sexual situation, 没有同意.
If a person is asleep or unconscious, 没有同意.
Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
Consent can be withdrawn. A person who initially consents to sexual activity is deemed not to have consented to any sexual activity that occurs after he or she withdraws consent.

家庭暴力, 约会暴力, 和被人跟踪

The crimes of 家庭暴力, 约会暴力和被人跟踪 can also constitute sexual harassment when motivated by a person’s sex. These crimes, no matter the motivation behind them, are a violation of this policy.

家庭暴力

菅直人. 统计. 安. § 21-511 provides the following:

“Domestic violence” means an act or 威胁ened act of violence against a person with whom the offender is involved or has been involved in a dating relationship, or an act or 威胁ened act of violence against a family or household member by a family or household member. Domestic violence also includes any other crime committed against a person or against property, or any municipal ordinance violation against a person or against property, when directed against a person with whom the offender is involved or has been involved in a dating relationship or when directed against a family or household member by a family or household member. For purpose of this definition:

(1) “Dating relationship” means a social relationship of a romantic 自然. In addition to any other factors the court deems relevant, the trier of fact may consider the following when making a determination of whether a relationship exists or existed:

Nature of the relationship, length of time the relationship existed, frequency of interaction between the parties and time since termination of the relationship, 如果适用的话.

(2) “Family or household member” means persons 18 years of age or older who are spouses, 前配偶, parents or 继父或继母s and 孩子ren or 继子ren, and person who are presently residing together or have resided together in the past, and persons who have a 孩子 in common regardless of whether they have been married or have lived together at any time. Family and household member also includes a man and woman if the woman is pregnant and the man is the alleged father, regardless of whether they have been married or have lived together at any time.

约会暴力

Dating violence is not specifically defined in the 菅直人sas statutes but it is captured under the definition of 家庭暴力 stated above when there is an act or 威胁ened act of violence with whom the offender is involved or has been involved in a dating relationship.

跟踪

菅直人. 统计. 安. § 21-5427 provides the following:

跟踪:

(1) Recklessly engaging in a course of conduct targeted at a specific person which would cause a reasonable person in the circumstances of the targeted person to fear for such person’s safety, or the safety of a member of such person’s immediate family and the targeted person is actually placed in such fear;

(2) Engaging in a course of conduct targeted at a specific person with knowledge that the course of conduct will place the targeted person in fear for such person’s safety or the safety of a member of such person’s immediate family; or

(3) After being served with, or otherwise provided notice of any protected order…that prohibits contact with a targeted person, recklessly engaging in at least one act listed in subsection (f)(1) that violates the provisions of the order and would cause a reasonable person to fear for such person’s safety, or the safety of a member of such person’s immediate family and the targeted person is actually placed in such fear…

(f) As used in [the definition of stalking]:

(1) “Course of conduct” means two or more acts over a period of time, 然而短, which evidence a continuity of purpose. A course of conduct shall not include constitutionally protected activity nor conduct that was necessary to accomplish a legitimate purpose independent of making contact with the targeted person. A course of conduct shall include, 但不限于, any of the following acts or a combination thereof:

(A) Threatening the safety of the targeted person or a member of such person’s immediate family;

(B)后, approaching or confronting the targeted person or a member of such person’s immediate family;

(C) Appearing in close proximity to, or entering the targeted person’s residence, 工作地点, school or other place where such person can be found, 或者住所, 工作地点 or school of a member of such person’s immediate family;

(D) Causing damage to the targeted person’s residence or property or that of a member of such person’s immediate family;

(E) Placing an object on the targeted person’s property or the property of a member of such person’s immediate family, either directly or through a third person;

(F) Causing injury to the targeted person’s pet or a pet belonging to a member of such person’s immediate family;

(G) Any act of communication;

(2) “Communication” means to impart a message by any method of transmission, 包括, but not limited to: Telephoning, 个人提供, sending or having delivered, any information or material by written or printed note or letter, 包, 邮件, courier service or electronic transmission, 包括 electronic transmissions generated or communicated via a computer

(3) “Computer” means a programmable, electronic device capable of accepting and processing data; …

(5) “Immediate family” means father, 妈妈。, 继父或继母, 孩子, 继子, sibling, spouse or grandparent of the targeted person; any person residing in the household of the targeted person; or any person involved in an intimate relationship with the targeted person.”