Institutional Access and Compliance Office and Title IX and Non-Discrimination

Unwelcome conduct, determined by a reasonable person, to be so severe, and pervasive, and, objectively offensive, that it effectively denies a person equal access to the university’s education program or activity. Unwelcomeness is subjective and determined by the Complainant (except when the Complainant is below the age of consent). Severity, pervasiveness and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances.

An employee of the university conditions the provision of an aid, benefit, or service of the university on an individual’s participation in unwelcome sexual conduct.

• Sex Offenses, Forcible: Any sexual act directed against another person, without the consent of the Complainant, including instances in which the Complainant is incapable of giving consent.
• 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.
• Forcible Sodomy: Oral or anal sexual intercourse with another person that is forcibly committed, and/or against that person’s will (non-consensually), or not forcibly or against the person’s will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
• Sexual Assault with an Object: The use of 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 in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
• Forcible 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 in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
• Sex Offenses, Non-forcible:
  • i) Incest: Non-forcible sexual intercourse, between persons who are related to each other, within the degrees wherein marriage is prohibited by Arizona law.
  • ii) Statutory Rape: Non-forcible sexual intercourse, with a person who is under the statutory age of consent of Arizona.

Dating Violence, defined as: Violence, on the basis of sex, committed by a person, who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.

• The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship and the frequency of interaction between the persons involved in the relationship.

For the purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.

Domestic Violence, defined as: Violence, on the basis of sex, committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, or by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Arizona, or by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Arizona. To categorize an incident as Domestic Violence, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.

Engaging in a course of conduct, on the basis of sex, 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.

For the purposes of this definition, course of conduct means two or more acts, including, but not limited to, acts in which the Respondent 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 Complainant. Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

• Sexual Exploitation, defined as taking non-consensual or abusive sexual advantage of another for their own benefit or for the benefit of anyone other than the person being exploited and that does not otherwise constitute sexual harassment under this policy. Examples of Sexual Exploitation include but are not limited to:
  • Sexual voyeurism
  • Invasion of sexual privacy
  • Taking pictures, video or audio recording of another in a sexual act or in any other sexually related activity when there is a reasonable expectation of privacy during the activity, without the consent of all involved in the activity or exceeding the boundaries of consent, including the making or posting of revenge pornography
  • Prostituting another person
  • Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually transmitted disease (STD) or infection (STI), without informing the other person of the infection
  • Causing or attempting to cause the incapacitation of another person (through alcohol, drugs or any other means) for the purpose of compromising that person’s ability to give consent to sexual activity or for the purpose of making that person vulnerable to non-consensual sexual activity
  • Misappropriation of another person’s identity on apps, websites or other venues designed for dating or sexual connections
  • Forcing a person to take an action against that person’s will by threatening to show, post or share information, video, audio or an image that depicts the person’s nudity or sexual activity
  • Knowingly soliciting a minor for sexual activity
  • Engaging in sex trafficking
  • Creation, possession or dissemination or child pornography
     
• Threatening or causing physical harm, extreme verbal, emotional or psychological abuse or other conduct which threatens or endangers the health or safety of any person;
• Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another;
• Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the University’s community, when related to the admission, initiation, joining or any other group-affiliation activity;
• Bullying, defined as: Repeated and/or severe, aggressive behavior, likely to intimidate or intentionally hurt, control or diminish another person, physically and/or mentally.
• Discrimination, defined as actions that deprive, limit, or deny other members of the community of educational or employment access, benefits, or opportunities, including disparate treatment.