Definitions of Sexually Based Offenses

Sexual Assault: an offense classified as a forcible or nonforcible sex offense under the Uniform Crime Reporting System and the Summary Reporting System User Manual of the Federal Bureau of Investigation, as used in the Clery Act: 

  • Sex Offenses: Any sexual act directed against another person, without the consent of the Complainant, including instances where the Complainant is incapable of giving consent.
  • Nonconsensual sexual intercourse (Rape): The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Complainant.
  • Criminal Sexual Contact: The intentional touching of the clothed or unclothed body parts without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation. The forced touching by the victim of the actor’s clothed or unclothed body parts, without consent of the victim for the purpose of sexual degradation, sexual gratification, or sexual humiliation. This offense includes instances where the victim is incapable of giving consent because of age or incapacity due to temporary or permanent mental or physical impairment or intoxication for the purpose of sexual degradation, sexual gratification, or sexual humiliation.
  • Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

Dating Violence: violence committed by a person:

  • who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and
    where the existence of such a relationship shall be determined based on a consideration of the following factors:
    o    The length of the relationship,
    o    The type of relationship,
    o    The frequency of interaction between the persons involved in the relationship.
  • Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

Domestic Violence: felony or misdemeanor crimes of violence committed by a person who:

  • Is a current or former spouse or intimate partner of the Complainant under the family or domestic violence laws of the jurisdiction of the College, or a person similarly situated to a spouse of the Complainant,
  • shares a child in common with the Complainant,
  • is cohabitating with or has cohabited with the victim as a spouse or intimate partner,
  • commits acts against a youth or young adult Complainant who is protected from those acts under the family or domestic violence laws of the jurisdiction

Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to

  • fear for the person’s safety or the safety of others; or
  • suffer substantial emotional distress.

Course of Conduct: two or more acts, including, but not limited to, acts in which the individual directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. 

Reasonable Person: a reasonable person under similar circumstances and with similar identities to the Complainant. 

Substantial Emotional Distress: significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.