Sexual Harassment

Sexual harassment is defined as unwelcome sexual advances (including sexual violence), requests for sexual favors, and/or physical, verbal, or written conduct of a sexual nature when:

  1. Submission to such conduct is made explicitly or implicitly a term or condition of an individual’s employment, education, or participation in LLU’s programs or activities, or
  2. Submission to or rejection of such conduct by an individual is used as a basis for decisions pertaining to an individual’s employment, education, or participation in LLU’s programs or activities; or
  3. Such speech or conduct is directed against another and is abusive or humiliating and persists after the objections of the person targeted by the speech or conduct; or Prohibiting Sexual Misconduct and Discrimination on the Basis of Sex (Title IX)
  4. Such conduct would be regarded by a reasonable person as creating an intimidating, hostile or offensive environment that substantially interferes with an individual’s work, education, or participation in LLU’s programs or activities.

Examples of Sexual Harassment

Sexual harassment may include incidents between any member of the University community, including faculty and other academic appointees, staff, deans, students, and nonstudents or nonemployee participants in University programs—such as vendors, contractors, visitors, and patients. Specific examples of the verbal or physical conduct prohibited by this policy include, but are not limited to:

  1. Physical assault.
  2. Inappropriate or unwanted touching.
  3. Direct or implied threats that submission to sexual advances will be a condition of educational evaluation, opportunity, or advancement.
  4. Direct or subtle propositions of a sexual nature.
  5. Dating, requesting dates, or entering into a romantic relationship between a student and an employee or faculty wherein the employee or faculty is in a position of power or is able to exert influence over the student’s educational experience.
  6. A pattern of conduct that would discomfort and/or humiliate another individual, including, but not limited to:
  7. Unnecessary touching;
  8. Remarks of a sexual nature about a person’s clothing or body;
  9. Remarks about sexual activity or speculations about previous sexual experiences;
  10. Visual conduct—including leering, sexual gestures, or the display of sexually suggestive objects, pictures, language, cartoons, or jokes.
  11. Use of electronic means, including the Internet and e-mail system, to transmit, communicate, or receive sexually suggestive, pornographic, or sexually explicit pictures, messages, or materials.

Sexual Violence

Sexual violence involves conduct relating to an actual, attempted, or threatened sexual act against a person’s will or where a person is incapable of giving consent (due to age, use of drugs or alcohol, or because of an intellectual or other disability). Sexual violence includes rape, sexual assault, sexual battery, sexual abuse, and sexual coercion. Examples include “date rape” or “acquaintance rape.” Acts of sexual violence may also constitute violations of criminal or civil law subject to prosecution.

Consent

“Consent” is defined as agreement, approval, or permission as to some act or purpose that is given knowingly, willingly, and voluntarily by a competent person. Consent can be withdrawn at any time. There is no consent when there is force, expressed or implied, or when Prohibiting Sexual Misconduct and Discrimination on the Basis of Sex (Title IX) coercion, intimidation, threats, or duress is used. Whether a person has taken advantage of a position of influence over another person may be a factor in determining consent. Silence or absence of resistance does not imply consent. Past consent to sexual activity with another person does not imply ongoing future consent with that person or consent to that same sexual activity with another person.

If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature, or extent of the sexual situation, there is no consent; this includes impairment or incapacitation due to alcohol or drug consumption that meets this standard, or being asleep or unconscious.

Retaliation

Retaliation occurs when intimidation, threats, coercion, or other discriminatory action is used against an individual who has brought a concern or reported a possible violation of a federal civil right. This includes formal or informal reports of a violation and reports regarding a violation of an individual’s rights or the rights of others.