Descriptions of Sexual Harassment
Sexual Harassment
Sexual Harassment is conduct of a sexual or gender-based nature that meets the below definitions for sexual assault, quid pro quo harassment, hostile environment harassment, dating violence, domestic violence, and stalking.
Sexual Assault
1. Non-Consensual Fondling: The touching of the private body parts of another person (buttocks, groin, breasts) for the purpose of sexual gratification, forcibly and/or against that person’s will (non-consensually) or not forcibly or against the person’s will in instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
2. Sex Offenses, Forcible: Any sexual act directed against another person, without the consent of the complainant including instances where the complainant is incapable of giving consent.
a. Forcible Rape: 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.
b. Forcible Sodomy: Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will (non-consensually) or not forcibly or against the person’s will in instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
c. Sexual Assault with an Object: To use an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will (non-consensually) or not forcibly or against the person’s will in instances where the complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
3. Sex Offenses, Nonforcible: Nonforcible sexual intercourse.
a. Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by state law.
b. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent (16 years old in the state of Michigan). This offense only applies if conduct is “consensual” with minor. If forced or against will of victim, revert to Forcible Rape definition.
Quid Pro Quo Harassment
Quid Pro Quo harassment exists when an employee conditions the provision of an aid, benefit or service of the University on an individual's participation in unwelcome sexual conduct. It typically involves an exchange of sexual favors for some benefit, and it most often occurs where there is a power differential (e.g., professor and student or boss and employee).
Other unwanted verbal, written, visual, online or physical contact of a sexual nature may constitute Sexual Harassment when submission to or rejection of such conduct is made either explicitly or implicitly as a term or condition of an individual’s education or employment progress, development or performance.
Hostile Environment Harassment
The definition of “hostile environment harassment” differs under Title IX (discrimination in education) and Title VII (discrimination in employment).
Under Title IX, hostile environment harassment occurs when unwelcome sexual or gender-based conduct is so severe and pervasive and objectively offensive that it effectively denies a person equal access to the University’s educational program or activity, as determined by a reasonable person.
Under Title VII, hostile environment harassment occurs when unwelcome sexual or gender-based conduct is so severe or pervasive or objectively offensive that it alters the terms and condition of employment, as determined by a reasonable person.
For purposes of Title IX, the nature of the unwelcome conduct underlying a hostile environment harassment must be either sexual or gender-based in nature. Thus gender-based harassment may occur even if the unwelcome conduct is not “sexual” in nature. Unwelcome conduct based on a person’s sexual orientation or gender identity may also form the basis of hostile environment harassment. Unwelcome conduct may be expressed in the form of acts of aggression, intimidation or hostility, whether verbal or nonverbal, graphic, physical or other.
An isolated incident typically will not amount to hostile environment harassment under Title IX, but it may violate another aspect of the Code of Student Conduct.
The following is a non-exhaustive set of behaviors which may constitute hostile environment harassment in violation of Title IX:
- Unwelcome sexual advances, propositions or requests for sexual favors
- Unwelcome or inappropriate exposure, display, touching or physical contact
- Showing/displaying sexually suggestive, demeaning or objectifying objects, pictures, words or gestures
- Unwelcome or inappropriate comments disparaging a person’s gender
- Gender-based or sexually suggestive jokes, innuendos or gestures
- Gender-based stereotyping, bullying, sexism, sexist attitudes
- Unwelcome conduct based on sexual orientation or gender identity
A finding that such unwelcome conduct actually occurred is not enough, in itself, to support a Title IX violation for hostile environment harassment. Rather, a Title IX violation occurs only when it is further found, by a preponderance of evidence, that as a result of the unwelcome conduct the complainant was effectively denied equal access to the University's educational program or activity.
Dating Violence
“Dating violence” means violence committed by a person—
(A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and
(B) where the existence of such a relationship shall be determined based on a consideration of the following factors:
(i) The length of the relationship
(ii) The type of relationship
(iii) The frequency of interaction between the persons involved in the relationship
Dating violence includes, but is not limited to, the following:
- Physical abuse (which includes, but is not limited to, pushing, shoving, slapping, punching, kicking, strangling, restraining, holding, and tying down)
- Leaving the victim in a dangerous place
- Emotional/psychological abuse
- Threats of harm and/or intimidation
- Physical or social isolation
- Sexual abuse or Sexual Harassment
Domestic Violence
“Domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Michigan, or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of Michigan.
Domestic violence includes, but is not limited to, the following:
- Physical abuse (which includes, but is not limited to, pushing, shoving, slapping, punching, kicking, strangling, restraining, holding, and tying down)
- Leaving the victim in a dangerous place
- Emotional/psychological abuse
- Threats of harm and/or intimidation
- Physical or social isolation
- Sexual abuse or Sexual Harassment
Stalking
“Stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person either—
(A) To fear for his or her safety or the safety of others; or
(B) To suffer substantial emotional distress.
For the purposes of this definition—
“course of conduct” means two or more acts, including, but not limited to, acts in which the stalker 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” means a reasonable person under similar circumstances and with similar identities to the victim.
“substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
Stalking behaviors when repeated include, but are not limited to, the following:
- Non-consensual or unwelcomed communication, including face-to-face, phone calls, voice messages, electronic mail, online communication, written letters, etc.
- Excessive calling or texting
- Threatening, intrusive, frightening or obscene gestures
- Following or pursuing
- Surveillance or other types of observation
- Trespassing
- Vandalism or destruction of victim’s property
- Unwelcome gifts, flowers, etc.
Stalking is an insidious form of harassment that may initially be dismissed as harmless yet can dramatically impact the life of the person stalked and pose both physical and psychological risks.
All concerns about stalking behaviors should be taken seriously and discussed with a Title IX official, whether or not there appears to be a level of threat and whether or not the alleged stalker is known by the victim. Possible next steps could include considering a mutual No Contact Order.
