The UCCS Student Code of Conduct prohibits the following conduct as well as attempts to commit and aiding, abetting or inciting others to commit these acts:
1. Non-consensual Sexual Penetration/Intercourse:
Any sexual penetration (anal, oral or vaginal), however slight, with any object or sexual intercourse, without effective consent. Sexual penetration includes vaginal or anal penetration by a penis, object, tongue or finger and oral copulation by mouth to genital contact.
2. Non-consensual Sexual Contact:
This includes any intentional sexual contact or touching, however slight, with any object without effective consent, if that sexual penetration can reasonably be construed as being for the purposes of sexual arousal, gratification or abuse. Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another or any other bodily contact in a sexual manner.
3. Sexual exploitation and/or exposure:
Sexual exploitation is when a student takes non-consensual, unjust or abusive sexual advantage of another for his/her own pleasure, advantage or benefit, or to pleasure, benefit or advantage anyone other than the one being exploited. Sexual exposure occurs when a student engages in lewd exposure of the body done with the intent to arouse or satisfy the sexual desire of any person. Other examples include:
Exposing one's genitals in non-consensual circumstances or inducing someone to expose his or her genitals.
Stalking with a sexual component. Stalking may take many forms, including persistent calling, texting, or posting on a social networking site as well as physical stalking. When the content of the messages or the nature of the physical stalking is of a sexual nature sexual misconduct has occurred.
Engaging in voyeurism or facilitating the voyeurism of others. Voyeurism is a form of sexual exploitation in which one individual engages in secretive observation of another for personal sexual pleasure or engages in non-consensual video or audio taping of sexual acts. Although the source for the secretive viewing or taping may be unaware of the observation, this behavior is a form of sexual misconduct and violates the integrity of the unaware student.
4. Sexual Harassment. Interaction between individuals of the same or opposite sex that is characterized by unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, living conditions and/or educational evaluation; (2) submission to or rejection of such conduct by an individual is used as the basis for tangible employment or educational decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or educational environment.
Hostile environment sexual harassment is unwelcome sexual conduct that is sufficiently severe or pervasive that it alters the conditions of education or employment and creates an environment that a reasonable person would find intimidating, hostile or offensive. The determination of whether an environment is "hostile" must be based on all of the circumstances. These circumstances could include the frequency of the conduct, its severity, and whether it is threatening or humiliating.
5. Consent Defined
Consent for sexual activity is clear, knowing, voluntary, freely and actively given, mutually understandable words or actions which indicate a willingness to participate in mutually agreed upon sexual activity. Consent must be active; silence by itself cannot be interpreted as consent. Consent is not effectively given if it results from the use of actual or implied physical force, threats, intimidation, or coercion. In the absence of mutually understandable words or actions (a meeting of the minds on what is to be done, where, with whom, and in what way), it is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity, to make sure that he or she has consent from the partner(s) at every stage of sexual interaction. Engaging in sexual activity with a person who you know to be incapacitated or reasonably should know to be incapacitated, due to illness, consumption of alcohol or drugs, is unconscious, etc., is a violation of this policy.
What Consent Means
- In the absence of mutually understandable words or actions (a meeting of the minds on what is to be done, where, with whom, and in what way), it is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity to make sure that he or she has consent from their partner(s).
- Consent to some form of sexual activity does not necessarily imply consent to other forms of sexual activity.
- The initiator must obtain consent at every stage of sexual interaction.
- Consent will be determined using both objective and subjective standards. The objective standard is met when a reasonable person would consider the words or actions of the parties to have manifested an agreement between them to do the same thing, in the same way, at the same time, with one another. The subjective standard is met when a party believes in good faith that the words or actions of the parties manifested an agreement between them to do the same thing, in the same way, at the same time, with one another.
- Consent that is obtained through the use of fraud or force (actual or implied) whether that force is 1) physical force, 2) threats, 3) intimidation, or 4) coercion, is 5) ineffective consent.
1) Physical force is the use of physical violence or imposing on someone physically to gain sexual access. This physical force can be accompanied by hitting, kicking, restraining or otherwise exerting their physical control over you through violence.
2) Threats exist where a reasonable person would have been compelled by the words or actions of another to give permission to sexual contact they would not otherwise have given, absent the threat. For example, threats to kill you, themselves, or to harm someone you care for constitute threats.
3) Intimidation occurs when someone uses their physical presence to menace you, although no physical contact occurs, or where your knowledge of prior violent behavior by an assailant, coupled with menacing behavior, places you in fear as an implied threat.
4) Coercion exists when a sexual initiator engages in sexually pressuring and/or oppressive behavior that violates norms of respect in the community, such that the application of such pressure or oppression causes the object of the behavior to engage in unwanted sexual behavior. Coercion may be differentiated from seduction by the repetition of the coercive activity beyond what is reasonable, the degree of pressure applied, environmental factors such as isolation, and the initiator's knowledge.
5) Incapacitation due to alcohol, drugs, etc.
Incapacitation is a state where a person lacks the ability to make rational reasonable decisions including an inability to understand the who, what, when, where, why or how of sexual activity, or an inability to fully understand the details of sexual interaction. Incapacity can result from alcohol or drug consumption, illness, unconsciousness, blackout, sleep, mental disability, and other circumstances.
Consent may never be given by:
A minor to an adult.
Mentally disabled persons when the mental disability is known or reasonably should have been known.
Physically incapacitated persons when the incapacitation is known or reasonably should have been known.
6) Additional Clarifying Rules of Consent.
- A person who is the object of sexual aggression is not required to physically or otherwise resist a sexual aggressor.
- Consent to some forms of sexual activity does not automatically apply to other forms of sexual activity.
- Silence, previous sexual relationships, and/or the existence of a current relationship with the respondent do not imply consent.
- Consent must be explicit and cannot be implied by attire, or inferred from the giving or acceptance of gifts, money or other items.
- Consent to sexual activity may be withdrawn at any time, as long as the withdrawal is communicated clearly. Withdrawal of consent can be done in numerous ways and need not be a verbal withdrawal of consent.
- A respondent's intentional use of alcohol/drugs does not excuse a violation of policy.