Harassment directed at an individual because of the individual's sex, including:
- unwelcome verbal, nonverbal or physical aggression,intimidation or hostility based on sex, even if those acts do not involve conduct of a sexual nature
- sex-based harassment by those of the same sex
- discriminatory sex stereotyping.
Physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent (e.g., due to the student's age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). A number of different acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual abuse, and sexual coercion, which are forms of sex discrimination prohibited by Title IX. In addition, sexual assault, domestic violence, dating violence and stalking are acts of sexual violence as defined by the Jeanne Clery Act.
Sexual assault is defined by the Jeanne Clery Act as an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI's UCR program.
Sexual assault is defined by North Dakota law as:
A person who knowingly has sexual contact with another person, or who causes another person to have sexual contact with that person, is guilty of sexual assault if:
- That person knows or has reasonable cause to believe that the contact is offensive to the other person;
- That person knows or has reasonable cause to believe that the other person suffers from a mental disease or defect which renders that other person incapable of understanding the nature of that other person's conduct;
- That person or someone with that person's knowledge has substantially impaired the victim's power to appraise or control the victim's conduct, by administering or employing without the victim's knowledge intoxicants, a controlled substance as defined by [North Dakota Century Code] chapter 19-03.1, or other means for the purpose of preventing resistance;
- The other person is on official custody or detained in a hospital, prison or other institution and the actor has supervisory or disciplinary authority over that other person;
- The other person is a minor, fifteen years of age or older, and the actor is the other person's parent, guardian, or is otherwise responsible for general supervision of the other person's welfare;
- The other person is a minor, fifteen years of age or older, and the actor is an adult. NDCC § 12.1-20-07
Violence by a current or former spouse or intimate partner (or person similarly situated) of the victim; by a person with whom the victim shares a child; by a person who is or has been cohabitating with the victim as a spouse or intimate partner; or other similar situation.
Violence by a person who is or has been in a romantic or intimate relationship with the victim.
A course of conduct directed at a specific person that would cause a reasonable person to fear for the person's safety or the safety of others or to suffer substantial emotional distress.
For purposes of sexual misconduct, consent is defined as affirmative, informed, voluntary, and active permission to engage in a mutually agreed-upon sexual act or contact. Consent is expressed by clear and unambiguous words or actions that a reasonable person in the circumstances would believe communicate a willingness to participate in a sexual act or contact.
It is the responsibility of each person who wishes to engage in a sexual act or contact to obtain consent. Silence, the lack of protest, or the absence of resistance does not indicate consent. Consent may be initially given but withdrawn at any time. Consent to a past sexual act or contact does not imply consent to a future sexual act or contact. Consent to one form of a sexual act or contact does not imply consent to other forms of sexual acts or contacts. Being impaired, such as by drugs or alcohol, does not eliminate a person’s responsibility to obtain consent.
Consent cannot be obtained:
1. By the use of physical force, threats, intimidation, deception, or coercion;
2. From one who is incapacitated due to the use of drugs or alcohol;
3. From one who is asleep or unconscious;
4. From one who is unable to understand the nature or extent of the sexual situation or is unable to communicate because of mental or physical condition; or
From one who is not old enough to give consent under North Dakota law.
Threats, intimidation, discrimination, coercion and similar conduct directed toward an individual because the person made a complaint or participated in the investigation of a complaint. Such conduct is prohibited and will be further cause for disciplinary action.
A hostile environment is created when harassment or discrimination is sufficiently severe or pervasive to create an intimidating, hostile, or offensive environment that limits an individual's ability to participate in or benefit from academic pursuits, employment, or participation in university-sponsored programs or activities.
The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the harassment is physical. A single or isolated incident of sexual harassment may create a hostile environment if the incident is sufficiently severe. For instance, a single instance of sexual assault is sufficiently severe to create a hostile environment.
Means that a person lacks the ability to make informed, rational judgments about whether or not to engage in a sexual act or contact.
For Title IX purposes, confidentiality is not the same as privacy. Confidential means that no report will be made of the incident using the complainant’s name.
Only the individuals who have a need to know about the incident will know the complainant’s name. These individuals may need to know to provide help, to protect the safety of the campus community or for investigative needs, as appropriate.