Law and Policies

Definitions

According to the Millersville University 2014-2015 Student Code of Conduct which can be found at: http://www.millersville.edu/services/judicialaffairs/files/StudentCodeofConduct.pdf

Sexual Misconduct: All sexual misconduct cases are resolved in accordance with Section E. (the Sexual Misconduct Violation Policy) on page 15 of the handbook. Sexual misconduct can be defined as any type of sexual contact or conduct that occurs without the explicit consent* of the recipient. Sexual misconduct violations include but are not limited to:

A. Sexual harassment - Sexual harassment consists of interaction between individuals that is characterized by unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, living conditions and/or educational evaluation; (2) submission to or rejection of such conduct by an individual is used as the basis for tangible employment or educational decisions affecting such individual; or (3) such conduct has the effect of unreasonably interfering with an individual's work or academic performance or creating an intimidating, hostile, or offensive working or educational environment.

B. Non-consensual* sexual intercourse. Non-consensual sexual intercourse is any sexual intercourse (anal, oral or vaginal), including the use of an object for sexual intercourse, however slight, by one person upon another without consent.

C. Non-consensual* sexual contact. Non-consensual sexual contact is any sexual touching (including touching with an object) however slight, by one person on another without consent.

D. Sexual exploitation and/or exposure: Sexual exploitation is when a student takes non-consensual, unjust or abusive sexual advantage of another for his/her own pleasure, advantage or benefit, or to pleasure, benefit or advantage anyone other than the one being exploited. Sexual exposure occurs when a student engages in lewd exposure of the body done with the intent to arouse or satisfy the sexual desire of any person.

E. Dating Violence – 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 relationship shall be determined based on a consideration of the following factors: (1) the length of the relationship; (2) the type of relationship; (3) the frequency of interaction between the persons involved in the relationship.

F. Domestic Violence – Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the 5 of 29victim, 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 or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdictionreceiving 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.

G. Stalking – Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (1) fear his or her safety or the safety of others; or (2) suffer substantial emotional distress.

Consent: Consent is clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity.
• Consent to any one form of sexual activity cannot automatically imply consent to any
other forms of sexual activity.
• Previous relationships or prior consent cannot imply consent to future sexual acts.
• In order to give effective consent, one must be of legal age.

Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when,
where, why or how” of their sexual interaction). This definition also covers a person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the use of alcohol or drugs.
Sexual activity with someone who one should know to be -- or based on the circumstances should reasonably have known to be -- mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), constitutes sexual misconduct under this code.

University Stance on Title IX

Allegations of violations of sexual misconduct can be a very difficult period for both the complainant and the respondent. The Mink Equal Opportunity in Education Act, most commonly known as Title IX, ensures that educational institutions prevent and address cases of sexual misconduct against students, whether perpetrated by peers or by employees of the institution. Millersville University has appointed Dr. James McCollum Assistant to the President, as our Campus Title IX Coordinator. The Office of Judicial Affairs works closely with the Campus Title IX Coordinator to ensure adherence to the guidelines provided in Title IX. Alleged violations must be immediately reported to the campus Title IX Coordinator. Mediation will not be used to resolve reports of sexual misconduct.

Know Your IX

Know Your IX is a student-run advocacy group to help students understand their rights under Title IX and ultimately help end sexual violence.  For information about Know Your IX, visit: http://knowyourix.org/.