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According to the U.S. Department of Education’s Office for Civil Rights:
“Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol. An individual also may be unable to give consent due to an intellectual or other disability. A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, and sexual coercion.”
Sexual Misconduct Offenses include, but are not limited to:
- Sexual Harassment
- Sexual Assault
- Sexual Violence
- Sexual Exploitation
- Domestic and/or Dating Violence
USSA considered the Violence Against Women Reauthorization Act of 2013 (VAWA), and for the purposes of the Sexual Misconduct Policy, the various sexual misconduct definitions listed below are by applicable jurisdictions. Definitions may vary by state.
Sexual Harassment includes unwelcome conduct of a sexual nature, such as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature that has the effect of unreasonably interfering with an individual’s academic or work performance, or creates an intimidating, hostile, or offensive environment. Sexual violence is a form of sexual harassment prohibited by Title IX/SaVE.
Retaliation: The Institution will sanction a faculty, student, or staff member who takes adverse action against a person because of the person’s participation in or support of an investigation of discrimination or sexual misconduct. Adverse action includes, but is not limited to, threats, harassment, intimidation (implied threats) or actual violence against the person or his or her property, adverse educational or employment consequences, ridicule, taunting, bullying, or ostracism. Retaliation sexual harassment may occur in student to student, faculty/staff to student, student to faculty/staff relationships, or third party to student/faculty/staff.
Title IX/SaVE also prohibits gender-based harassment, which may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.
Sexual Assault In Alabama, sexual assault occurs when physical sexual activity is engaged in without the consent of the other person or when the other person is unable to consent to the activity. The activity or conduct may include physical force that overcomes earnest resistance OR a threat expressed or implied placing the person in fear of immediate death or serious physical injury to himself/herself or another.
Sexual Violence is defined as physical sexual acts engaged in without the consent of the other person or when the other person is unable to consent to the activity. Sexual violence includes sexual assault, rape, battery, and sexual coercion; domestic violence; dating violence; and stalking.
Consent In Alabama, consent is without forcible compulsion; or incapacity to consent; or if the offense charged is sexual abuse, or any circumstance in which the victim does not expressly or impliedly acquiesce in the actor’s conduct.
Incapacitation In Alabama, incapacitation is the physical and/or mental inability to make informed, rational judgments. States of incapacitation include, but are not limited to, mentally defective, mentally incapacitated, or physically helpless.
Sexual Exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for his or her 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 the other sexual misconduct offenses.
Domestic Violence In Alabama, ‘Domestic violence’ means any incident resulting in the abuse, assault, harassment, or the attempt or threats thereof, between family, household, or dating or engagement relationship members. ‘Harassment’ means any offense under § 13A-11-8.
Dating Violence In Alabama, dating violence is addressed under the laws of domestic violence.
Stalking In Alabama, a person who intentionally and repeatedly follows or harasses another person and who makes a threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm is guilty of the crime of stalking in the first degree.