Glossary of terms

Discrimination

Discrimination is defined as being adversely treated or affected, either intentionally or unintentionally, in a manner that unlawfully differentiates or makes distinctions on the basis of the individual’s legally protected status. Illegal discrimination against any individual because of race, color, religion, national origin, age, sex, sexual orientation, veteran status, physical or mental disability, marital status, pregnancy, or parenthood is prohibited (as further defined in Regents’ Policy 01.02.020 and 04.02.020 and University Regulation 04.02.020).

Endangerment, Assault, or Infliction of Physical Harm

(For Title IX must be related to gender/identity/expression) (For EO must be related to another protected category)

Endangerment, assault, or infliction of physical harm is defined as conduct which threatens the health and safety of another person, or conduct which threatens or causes physical harm to another person, or threatening or causing physical harm to another person.

Examples include, but are not limited to:

  1. physical abuse, defined as threatening or causing injury or physical pain to another person, or threatening or causing physical contact with another person when the person knows or should reasonably have known that the other person(s) will regard the contact as offensive or provocative;
  2. relationship violence, defined as violence or abuse by a person on another person with whom they are engaged in an intimate relationship. An intimate relationship is defined as a relationship related to marriage, cohabitation, dating or within a family and can occur in opposite-sex and same-sex relationships, regardless of whether it is a current or past relationship. Examples of relationship violence include but are not limited to:
    1. domestic violence: a pattern of coercive, controlling behavior in which one intimate partner uses physical violence, coercion, threats, intimidation and emotional, sexual, psychological, digital or economic abuse to control and change the behavior of the other partner; or
    2. dating violence: behavior(s) used to exert power and control over a dating partner. Examples of power and control may come in the form of emotional, verbal, financial, physical, sexual or digital abuse.
  3. dangerous behaviors, defined as actions that pose a risk of physical harm to another, which cause reasonable apprehension of physical harm, and/or create hazardous conditions; or
  4. acts that jeopardize the safety or security of the university, the university community, or any university facilities, buildings, or premises, including but not limited to:
    1. starting a fire or creating a fire hazard on university property without university authorization;
    2. tampering with, damaging, disabling or misusing fire safety equipment including fire extinguishers, fire sprinklers, fire hoses, fire alarms, and fire doors;
    3. misuse of medical equipment such as automated external defibrillators; or
    4. disabling safety equipment such as security cameras, door locks, key card readers, and alarms.

Harassment

(For Title IX must be related to gender/identity/expression) (For EO must be related to another protected category)

Harassment is defined as behavior that is severe, pervasive or persistent to a degree that a reasonable person similarly situated would be prevented from fully accessing educational benefits, university services, or other opportunities. Harassment is also defined as behavior that limits the ability of university employees to conduct business. This behavior includes, but is not limited to, verbal abuse, threats, intimidation, and coercion (that is not speech or conduct otherwise protected by the First Amendment). In addition, harassment may be conducted in a variety of mediums, including, but not limited to, physical, verbal, graphic, written, or electronic.

Examples include, but are not limited to:

  1. threats, defined as written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property;
  2. intimidation, defined as implied threats or acts that cause reasonable fear of harm
  3. bullying, defined as repeated, unreasonable actions directed towards an individual (or a group) resulting in intimidating, degrading, humiliating, or undermining behavior that creates a risk to the health or safety of individuals;
  4. cyberbullying, defined as repeated, unreasonable actions using electronic communications that are directed towards an individual (or a group) resulting in intimidating, degrading, humiliating, or undermining behavior that creates a risk to the health or safety of individuals; or
  5. stalking, defined as repetitive and/or menacing pursuit, following, or interference with the peace and/or safety of an individual(s).

Gender-based or sexual misconduct terminology

Consent

Consent is clear, knowing and voluntary, and can be withdrawn at any time. Consent is active, not passive and cannot be given while an individual is incapacitated. Past consent does not imply future consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent cannot be given by individuals who are not of age to give legal consent. Silence, or an absence of resistance, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity.

Coercion

Coercion is unreasonable pressure for any sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. Coercion invalidates consent.

Force

Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce unwilling consent. Force invalidates consent.

Incapacitation

Incapacitation is when individuals are in a state or condition in which they are unable to make sound decisions. This can be due to sleep, age, unconsciousness, alcohol, drug use or mental and/or other disability. For example, someone who is not of legal age or ability or someone who is unable to articulate what, how, when, where, and/or with whom they desire a sexual act to take place is incapacitated.

Sexual Contact

Sexual contact includes intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch themselves with or on any of these body parts; or any other intentional bodily contact of a sexual nature.

Sexual Intercourse

Sexual intercourse includes vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

Examples include, but are not limited to:

  1. sexual harassment, defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature where:
    1. submission to such conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment or education;
    2. submission to or rejection of such conduct by an individual is used as the basis for retaliation, or for other employment or academic decisions affecting that individual; or
    3. such conduct has the purpose or necessary effect of unreasonably interfering with an individual’s work or creating a hostile, intimidating, or offensive working, living or learning environment; and
      1. such conduct is known by the offender to be unwelcome, harmful or offensive; or
      2. a person of average sensibilities would clearly understand the behavior or conduct is unwelcome, harmful, or offensive.
  2. non-consensual sexual contact, defined as any intentional sexual touching, however slight, with any object, by one person upon another person, that is without consent;
  3. non-consensual sexual intercourse, defined as any sexual intercourse however slight, with any object, by one person upon another person, that is without consent and/or by force;
  4. sexual exploitation, defined as occurring when a person takes non-consensual or abusive sexual advantage of another for his/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 gender-based or sexual misconduct offenses), including but not limited to:
    1. invasion of sexual privacy, such as prostituting another person, nonconsensual video or audio-taping of sexual activity, going beyond the boundaries of consent (such as secretly letting others watch consensual sex), engaging in voyeurism;
    2. knowingly transmitting an STI or HIV to another student;
    3. exposing one’s genitals for the purposes of sexual gratification;
    4. inducing another to expose their genitals; or
    5. sexually-based stalking and/or bullying.
  5. other misconduct offenses, such as threats, intimidation, bullying, cyber-bullying, stalking, discrimination, or relationship violence, when the offenses are sex- or gender-based.

Resources

Alaska Statues pertaining to Crimes Against Persons and Sexual Offenses are located, via internet, at http://codes.findlaw.com/ak/title-11-criminal-law/.

United States Code, Title 18, pertaining to Sexual Offenses are located, via internet, at https://www.law.cornell.edu/uscode/text/18/part-I/chapter-109A, https://www.law.cornell.edu/uscode/text/18/part-I/chapter-110 and https://www.law.cornell.edu/uscode/text/18/part-I/chapter-110A

As 2012, the Manual for Courts-Martial (MCM) (Military) pertaining to Sexual Offenses are located, via internet, at:

Article 120 – Rape and Sexual Assault/Article 120A-Stalking/Article 120B –Rape and Sexual Assault of a Child at http://www.loc.gov/rr/frd/Military_Law/pdf/MCM-2012.pdf

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