Definitions

Definitions

Some of the definitions listed below are derived from federal regulations and may not be current “terms of art” or differ slightly from similar terms in other University policies.  For more information about definitions, please see the Equal Opportunity, Harassment, and Non-Discrimination Policy and Procedures document.

 

Consent. A freely and affirmatively communicated willingness to participate in particular sexual activity or behavior, expressed either by words or clear, unambiguous actions.

 

  Behaviors that do not communicate consent include, but are not limited to:

1. Past consent does not imply future consent

2. Lack of protest or resistance;

3. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another

4. Silence

5. Coercion, force, or threat of either invalidates consent

  The following people are unable to give consent:

1.  Persons who are asleep or unconscious

2.  Persons who are incapacitated due to the influence of drugs, alcohol, or medication

3.  Persons who are unable to communicate consent due to a mental or physical condition

4.  Persons who are under the legal age of consent.

 

Hostile environment sexual harassment. Unwelcome conduct of a sexual nature that is sufficiently serious that it affects an individual’s ability to participate in or benefit from an education program or activity, or creates an intimidating, threatening or abusive educational environment.

 

Intimidation. Intentional behavior that would cause a reasonable person to fear that he/she is in danger of injury or harm.

 

Retaliation. An adverse action or threat made in reprisal against any individual who participates as an actual or potential party, witness or representative relating to a report under this policy.

 

Sexual assault. Any type of sexual contact or behavior that occurs without the explicit consent of the recipient.

 

Sexual exploitation. When a person for any purpose, knowingly:

1.     Causes, induces, entices, coerces or permits a child to engage in, or be used for, the making of child pornography;

2.     Causes, induces, entices or coerces a child to engage in, or be used for, any explicit sexual conduct;

3.     Manufactures, generates, creates, receives, distributes, reproduces, delivers or possesses with the intent to deliver, including through digital or electronic means, whether or not by computer, any child pornography; or

4.     Possesses child pornography (except as outlined in Wyoming Statute 6-4-303 (b)(iv)).

 

Sexual harassment. Unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature.

 

Sexual misconduct. Sexual misconduct incorporates a range of behaviors including dating violence, domestic violence, hostile environment sexual harassment, sexual assault, sexual exploitation, sexual harassment, stalking, and any other conduct of a sexual nature that is nonconsensual.

 

Stalking related to sexual misconduct. Engaging in a course of conduct on the basis of sex 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.