A partial list of Midwestern State University sexual misconduct policy violations is listed below.a) Gender-based verbal or physical conduct that has the effect of unreasonably interfering with an individual’s work or academic performance or creates an intimidating, hostile or offensive working or educational environment. includes situations in which there is harassing conduct that is sufficiently severe, pervasive/persistent and objectively offensive so that it alters the conditions of education or employment, from both a subjective (the alleged victim’s) and objective (a reasonable person’s) viewpoint.The determination of whether an environment is “hostile” must be based on all the circumstances.Reporting Sexual Misconduct and Confidentiality University officials, depending on their roles at the University, have varying reporting responsibilities and abilities to maintain confidentiality.
These circumstances could include, but are not limited to: • The frequency of the speech or conduct; • The nature and severity of the speech or conduct; • Whether the conduct was physically threatening; • Whether the speech or conduct was humiliating; • The effect of the speech or conduct on the alleged victim’s mental and/or emotional state; • Whether the speech or conduct was directed at more than one person; • Whether the speech or conduct arose in the context of other discriminatory conduct; • Whether the speech or conduct unreasonably interfered with the alleged victim’s educational or work performance; • Whether a statement is a mere utterance of an epithet which engenders offense in an employee or a student or offends by mere discourtesy or rudeness; and/or • Whether the speech or conduct deserves the protections of academic freedom. sexual harassment exists when there are unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature where submission to, or rejection of, such conduct results in educational or employment action.b) Taking nonconsensual or abusive sexual advantage of another for one’s own advantage or benefit, or to benefit a person other than the one being exploited.
Examples of sexual exploitation include, but are not limited to:: Violence between those in a continuing relationship of an intimate or romantic nature with one another.
Consent to one form of sexual activity should not, and cannot, be taken as consent to any other sexual activity.
Individuals who consent to sex must be able to fully understand what they are doing. In addition, silence—without clear actions demonstrating permission—cannot be assumed to indicate consent.
Finally, there is a difference between seduction and coercion; coercion is defined in this policy as unreasonably pressuring another person for sex.