Prohibited Conduct

Relationship Violence and Sexual Misconduct

Relationship violence and sexual misconduct are broad terms that encompass sexual harassment, sexual violence, domestic violence, dating violence, and stalking. Definitions for each of these terms are provided below.

Relationship Violence encompasses domestic violence, dating violence, and stalking. Definitions for each of these terms are provided below.
1. Domestic Violence is defined as an act of violence committed by any of the following individuals:
  1. A current or former spouse or intimate partner of the victim
  2. A person with whom the victim shares a child in common
  3. A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner
  4. A resident or former resident of the victim’s household
  5. An incident of domestic violence can consist of a single act of violence or a pattern of violent acts that includes, but is not limited to, sexual or physical abuse.
2. Dating Violence is defined as an act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim that does not fall within the definition of “domestic violence.” For the purposes of this definition:
  1. Whether the relationship is of a romantic or intimate nature is determined by a variety of factors, including the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
  2. A relationship of a romantic or intimate nature means a relationship that is characterized by the expectation of affection or sexual involvement between the parties.
  3. An incident of dating violence can be a single act of violence or a pattern of violent acts that includes, but is not limited to, sexual or physical abuse, or the threat to engage in such abuse.
3. Stalking is defined as engaging in a course of conduct that is directed at a specific person that would cause a reasonable person to feel fear for herself or himself or for the safety of others, or to suffer substantial emotional distress.
  1. A 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.
  2. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical treatment or professional counseling.
  3. A reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
  4. Stalking includes cyber-stalking, a form of stalking in which electronic media such as the internet, social networks, blogs, texts, cell phones, or other similar devices or forms of contact are used. This policy prohibits all stalking, not just stalking that occurs within the context of a relationship.
Sexual Misconduct encompasses sexual harassment, sexual violence, and sexual exploitation. Definitions of relevant terms and a discussion of First Amendment protections are included below.
1. Sexual Harassment is a form of discrimination on the basis of gender or sex. "Sexual harassment" means unwelcome sexual advances, unwelcome requests for sexual favors, or other unwelcome behavior of a sexual nature.
  1. Sexual harassment can occur in the following situations:
    1. Submission to such behavior is made, explicitly or implicitly, a term or condition of an individual's employment or status in a course, program, or activity; or
    2. Submission to or rejection of such behavior is used as a basis for a decision affecting an individual's employment or participation in a course, program, or activity; or
    3. The conduct creates a hostile, intimidating or offensive education environment that has the effect of unreasonably interfering with a student’s academic or work performance or limits a student’s ability to participate in educational programs or activities.
  2. In determining whether behavior is sexual harassment, the totality of the circumstances, including the nature of the behavior and the context in which it occurred, must be considered. Sexual harassment often involves a pattern of offensive behavior. A single incident may also constitute sexual harassment, depending on the severity of the conduct and on factors such as the degree to which the conduct affected the student’s education; the type of conduct; and the relationship between the alleged harasser and the student. The conduct does not have to be directed at a specific person or persons to constitute harassment.
  3. All forms of sexual misconduct and relationship violence described in this policy are also prohibited forms of sexual harassment.
  4. Examples of Sexual Harassment (non-exhaustive list);
    1. Threats or insinuations that lead the student reasonably to believe that granting or denying sexual favors will affect the student’s reputation, education, advancement, or standing at NLU.
    2. Sexual advances, sexual propositions, or sexual demands that are not agreeable to the recipient.
    3. Unwelcome sexually explicit material sent by email, text message, or other electronically transmitted communication.
    4. Sexual misconduct such as stalking, cyberstalking, recording or transmitting sexual images without an individual’s permission, and voyeurism.
    5. Unwelcome and persistent sexually explicit statements or stories that are not legitimately related to employment duties, course content, research, or other University programs or activities.
    6. Repeatedly using sexually degrading words or sounds to a person or to describe a person.
    7. Unwanted and unnecessary touching, patting, hugging, kissing or other physical contact.
    8. Recurring comments or questions about an individual's sexual prowess, sexual deficiencies, or sexual behavior.
    9. Remarks about an individual’s gender, nonconformity with gender stereotypes or actual or perceived sexual orientation.
2. Sexual Violence is defined as a physical sexual act attempted or perpetrated against a person’s will or when a person is incapable of giving consent, including without limitation, sexual assault, sexual battery, sexual abuse, and sexual coercion. A number of different acts can fall within the definition of sexual violence, including rape and sexual assault.
  1. Sexual Assault is defined as having or attempting to have sexual intercourse or sexual contact with another individual by force or threat of force, without consent, or where that person is incapacitated.
    1. Sexual intercourse includes vaginal or anal penetration, however slight, with a body part (e.g., penis, tongue, finger, hand) or object, or oral penetration involving mouth to genital contact.
    2. Sexual contact includes intentional contact with the intimate parts of another, causing another to touch one’s intimate parts, or disrobing or exposure of another without permission. Intimate parts may include the breasts, genitals, buttocks, groin, mouth or any other part of the body that is touched in a sexual manner.
  2. Rape is defined as sexual penetration, however slight, of another person without that person’s consent. Penetration can be of the mouth, vagina, or anus, and can be with a penis, tongue, finger, or foreign object.
3. Sexual Exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another for one’s own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. Examples of sexual exploitation include:
  1. Surreptitiously observing another individual’s nudity or sexual activity or allowing another to observe consensual sexual activity without the knowledge and consent of all parties involved or, in which the person observed or induced to perform such act has not attained 18 years of age;
  2. Non-consensual sharing or streaming of images, photography, video, or audio recording of sexual activity or nudity, or distribution of such without the knowledge and consent of all parties involved, or in which the person recorded or viewed or induced to perform such act has not attained 18 years of age;
  3. Exposing one’s genitals or inducing another to expose their own genitals in non-consensual circumstances, or in which the person induced to perform such act has not attained 18 years of age;
  4. Knowingly exposing another individual to a sexually transmitted disease or virus without their knowledge;
  5. Inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity;
  6. Arranging for others to have non-consensual sexual contact with a victim; and
  7. The recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act where such an act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age.

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Policy on Comprehensive Sexual Misconduct and Relationship Violence