Sexual assault is not tolerated in the George Fox community. These behaviors also violate local, state and federal law. Sexual assault can occur between any two people, regardless of age or gender. The University highly encourages survivors to take advantage of the provided internal and external resources for reporting, support and help.
Sexual assault is defined as any nonconsensual sexual touching or intercourse, whether it is unforced or forced. This includes any contact with intimate body parts of an individual. It is also penetration, however slight, of any intimate body part with a body part or an object.
Consent is explicit, informed, voluntary and mutually understandable communication to willingly participate in specific sexual activity without pressure, threats, coercion, force or intimidation. Either person must also be able to withdraw consent and cease any sexual activity at any time. A current relationship, having previous sexual encounters, or silence from the individual may not be taken as an indication of consent. Similarly, a passive response or sexual advances that are not resisted physically or verbally do not constitute consent.
Someone who is not of legal age, has a mental disorder, or is physically or mentally incapacitated may not give consent. The use of alcohol or drugs may render an individual incapable of giving consent due to impaired judgment and the inability to make decisions or communicate intentions. Consent may not be given by someone who is unconscious or unaware, or for any reason is unable to communicate her/his intentions.
Domestic violence (as defined by the Violence Against Women Act) is the use of physical, sexual or emotional abuse or threats to control another person who is a current or former spouse or other intimate partner, such as a boyfriend or girlfriend. It includes felony or misdemeanor crimes of violence committed by a current or former spouse 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, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, 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 the jurisdiction.
Examples of domestic violence include but are not limited to:
- Causing or attempting to cause physical or mental harm to a family or household member
- Placing a family or household member in fear of physical or mental harm
- Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress
- Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested
Dating violence is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of: (1) the length of the relationship, (2) the type of the relationship, and (3) the frequency of interaction between the persons involved in the relationship.
Dating violence is a pattern of assaultive and controlling behaviors that one person uses against another in order to gain or maintain power and control in the relationship. The abuser intentionally behaves in ways that cause fear, degradation and humiliation to control the other person. Forms of abuse can be physical, verbal, sexual, emotional and psychological.
Examples include, but are not limited to, trying to cut off the victim’s relationship with family and friends, humiliating the victim in front of friends, making the victim fearful by using threatening behavior, threatening to find someone else if the dating partner doesn’t comply with the abuser’s wishes or demands, using or threatening to use physically assaultive behaviors such as hitting, shoving, grabbing, slapping, beating, kicking, and touching or forcing the victim to engage in unwanted sexual activity.
Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) fear for his or her safety or the safety of others; or (2) suffer substantial emotional distress.
Acts of stalking include but are not limited to: electronic or telephone harassment, being followed, receiving unwanted gifts, and other similar forms of intrusive behavior.
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.
Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
Unwelcomed or unwanted attention can also be cause for concern, but may not always reach the level of stalking. This may include, but is not limited to, repetitive communication and/or behaviors that can make an individual feel confomfortable to some degree. These types of behaviors are still cause for concern and will be handled as such.
Sexual exploitation occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to the benefit or advantage of anyone other than the one being exploited, and the behavior does not otherwise constitute one of the other sexual misconduct offenses.
Examples of sexual exploitation include, but are not limited to:
- Invasion of sexual privacy;
- Prostituting another person;
- Non-consensual viewing, videoing, audio-taping or broadcasting sexual activity;
- Engaging in voyeurism, which is the sexual interest in or practice of spying on people engaged in intimate behaviors, such as undressing, sexual activity, or other actions usually considered to be of a private nature;
- Knowingly transmitting an STD or HIV to another person;
- Exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;
- Sexually based stalking and/or bullying may also be forms of sexual exploitation.