Law and Policies
"Sexual Misconduct: 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:
- 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.
- 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.
- 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.
- 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.
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 Hiram Martinez, Assistant to the President for Social Equity, 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.