SEXUAL MISCONDUCT 

  

University Sexual Misconduct Policy

The University strongly encourages accurate and prompt reporting of all types of Sexual Misconduct and is committed to fostering a community that promotes a prompt, fair, and impartial resolution of Sexual Misconduct cases.

This policy applies to any allegation of Sexual Misconduct made by or against a student or an employee of the University or a third party, regardless of where the alleged Sexual Misconduct occurred, if the conduct giving rise to the complaint is related to the University's academic, educational, athletic, or extracurricular programs or activities.

A complaint of Sexual Misconduct may be filed at any time, regardless of the length of time between the alleged Sexual Misconduct and the decision to file the complaint.

This policy applies to all students, employees and third parties, regardless of sexual orientation or gender identity.

Retaliation against any person for filing, supporting, providing information in good faith, or otherwise participating in the investigative and/or disciplinary process in connection with a complaint of Sexual Misconduct is strictly prohibited.

Confidential Disclosure

The University encourages victims of sexual misconduct to talk to somebody about what happened so that victims can get the support they need.  Disclosures made to the counseling staff at the Health and Wellness Center will be held in strict confidence and will not serve as notice to the Office of Affirmative Action requiring an initation of a review to the disclosed conduct.  Please note that all university employees, except for the counseling staff and medical professionals, serve as mandatory reporters who are required to share immediately all reports of sexual misconduct they receive with the Title IX Coordinateor for the Deputy Title IX Coordinator.

Sexual Misconduct Defined

"Sexual Misconduct" means any unwelcomed conduct of a sexual nature, including any conduct or act of a sexual nature perpetrated against an individual without consent.  Sexual Misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship.  Sexual Misconduct can be committed by men or by women, and it cna occur between people of the same or different sex.

Some examples include but are not limited to:

  1. Dating Violence
    Violence committed by a person:
    1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
    2. Where the existence of such a relationship shall be determined based on a consideration of the following factors:
      • The length of the relationship,
      • The type of relationship, and
      • The frequency of interaction between the persons involved in the relationship.

  2. Domestic Violence
    Includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, 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 State of Arkansas, 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 State of Arkansas.

  3. Sexual Assault
    • Rape and attempted rape
    • Intentional and unwelcome sexual touching
    • Any sexual act where there is force, violence, or use of duress or deception
    • Sexual intimidation-threatening, stalking, cyber stalking, indecent exposure

  4. Sexual Exploitation
    • Causing or attempting to cause the incapitation of another person in order to gain a sexual advantage over such person
    • Prostituting another person
    • Non-consentual videotaping, photographing, or audio-taping of sexual activity
    • Exceeding boundaries of consent
    • Voyeurism
    • Knowingly transmitting a sexual disease

  5. Stalking
    • Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
      • Fear for his or her safety or the safety of others; or
      • Suffer substantial emotional distress.

 

SEXUAL MISCONDUCT POLICY AND PROCEDURES

SUGGESTED ACTIONS FOR VICTIMS OF SEXUAL ASSAULT (APPENDIX A)

DEFINITIONS (APPENDIX B)

REPORTING AND CONFIDENTIALLY DISCLOSING SEXUAL VIOLENCE (APPENDIX C)

COMPLAINT FORM (APPENDIX D)

SANCTIONS (APPENDIX E)