What is Sexual Misconduct?

Definitions according to the Millersville University Student Code of Conduct:

Sexual Misconduct includes, but is not limited to, the following prohibited behaviors:

  • Sexual Assault
  • Sexual Exploitation
  • Sexual Harassment
  • Relationship Violence
  • Dating Violence
  • Domestic Violence
  • Stalking

Sexual Assault is consistent with Sexual Offenses Section of the Pennsylvania Crimes Code, 18 Pa.C.S. Chapter 31 and is defined as a person engaging in sexual intercourse without the person’s consent.

Consent is clear, knowing, voluntary and expressed prior to engaging in and during an act. 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.
  • Consent can be withdrawn at any time.
  • Previous relationships or prior consent cannot imply consent to future sexual acts.
  • In order to give effective consent, one must be of legal age.
  • In order to give effective consent, one must not be incapacitated.

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

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 constitutes sexual misconduct under this code.

Sexual Exploitation and/or Exposure is when an individual takes non-consensual, unjust or abusive sexual advantage of another for the individual’s own pleasure, advantage or benefit, or to pleasure, benefit or advantage anyone other than the one being exploited. Sexual exposure occurs when an individual engages in lewd exposure of the body done with the intent to arouse or satisfy the sexual desire of any person.

Examples of sexual exploitation include, but are not limited to:

  • Non-consensual video, photographing, or audio-taping of sexual activity;
  • Non-consensual distribution of a video, photograph, or sound recording of sexual activity;
  • Non-consensual photographing of a nude person; or
  • Non-consensual distribution of a photograph of a nude person.