Sexual Misconduct

Sexual misconduct includes sexual harassment, sexual intimidation and sexual violence and are violations of the Pierce College policy.

The following are the definitions of conduct prohibited by the sexual misconduct policy.

Sexual Harassment

Sanctions range from warning through expulsion/termination.

  • Unwelcome conduct (verbal, nonverbal, written, physical)
  • That is sexual in nature, sex-based or gender-based AND
  • Severe, persistent or pervasive AND
  • Objectively offensive AND
  • Interferes with, denies or limits access/ability to participate in or benefit from education/educational activity or employment

Sexual Intimidation

Sanctions range from warning through expulsion/termination.

  • Incorporates the definition of “sexual harassment” AND
  • Threatening or emotionally distressing conduct based on sex
  • Including, but not limited to, non-consensual recording of sexual activity or the distribution of such recording

Sexual Violence

Sexual violence is a type of sexual harassment and includes:

Non-consensual Intercourse

Sanctions typically result in suspension or expulsion/termination.

  • Any intercourse (anal, oral, vaginal) OR
  • Oral copulation by mouth to genital contact or genital to mouth contact,
  • However slight,
  • With any object
  • By a person upon another person,
  • That is without consent or where the person is unable to give consent AND/OR
  • With force.

Non-consensual Sexual Contact

Sanctions range from warning through expulsion/termination.

  • Any intentional sexual touching,
  • However slight,
  • With any object,
  • By a person upon another person,
  • That is without consent or where the person is unable to give consent AND/OR
  • With force

Sexual Coercion

Sanctions range from warning through expulsion/termination.

  • Incorporates the definition of “sexual harassment” AND
  • Unreasonable amount of pressure for sexual access

Sexual Exploitation

Sanctions range from warning through expulsion/termination.

  • Occurs when one person takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, AND
  • that behavior does not otherwise constitute one of other sexual misconduct offenses.

Dating Violence

Sanctions range from warning through expulsion/termination.

  • Is or has been in a social relationship of a romantic or intimate nature with the complainant; AND
  • Where existence of such a relationship shall be determined based on consideration of the following factors:
    • Length of relationship
    • Type of relationship
    • Frequency of interaction between the persons involved in the relationship
  • Includes, but not limited to, sexual or physical abuse threat of such abuse

Domestic Violence

Sanctions range from warning through expulsion/termination.

Felony or misdemeanor crime of violence committed by a

  • Current or former spouse or intimate partner of complainant,
  • Person with who the complainant shares a child in common,
  • Person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner,
  • Person similarly situated to a spouse of complainant under the domestic or family violence laws of the jurisdiction in which it occurred

Stalking

Sanctions range from warning through expulsion/termination.

  • Intentional AND
  • Repeated (2 or more acts)
  • Harassment or following of another person
  • That places that person in reasonable fear that there is an intent to injure, intimidate or harass OR
  • Where the perpetrator knows or reasonably should know that the person is frightened, intimated or harassed even if there is no such intent.

Retaliation

Sanctions range from warning through expulsion/termination

  • Any adverse action,
  • Taken against a person participating in a protected activity,
  • Because of that person’s participation in that protected activity
    • subject to limitations imposed by the First Amendment and/or academic freedom.

Examples of Sexual Harassment Behaviors

  • Deliberate touching, stroking or repeated brushing against another’s body
  • Repeated requests for a date or for sexual activity
  • Written, verbal, pictorial or nonverbal communications of a sexual nature not related to the work, service or education activity being conducted
  • Pressure or demands for a date or for sexual activity
  • Jokes, offensive comments that are gender-based
  • Unwanted, repeated email
  • Non-consensual sex, sexual activity
  • Attempted or actual sexual violence, including acts involving sexual coercion and incapacitation
  • Non-consensual recording of sexual acts, distribution
  • Relationship violence including emotional, verbal, physical, financial
  • Following someone in person, via a third party, online
  • Sexual innuendos and comments, sexually explicit questions
  • Pervasive displays of pictures, calendars, cartoons, or other materials with sexually explicit or graphic content

Please note:

  • Anyone present who is subjected to the behavior because they can see it, hear it, etc. can bring forward a complaint of unwanted behavior.
  • There is not necessarily a requirement for the person to explicitly say the words “no” or “stop” for it to be made clear that the behavior is unwanted.
  • Intent is not required. A person may not intend to sexually harass another, but still violate the policy because their actions have met the criteria.

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