New Sexual Misconduct Policy
August 22, 2007
Handbook of Student Rights and Responsibilities, p. 12
Code of Conduct/Proscribed Conduct
The Director of Student Rights & Responsibilities receives all incident reports and refers cases to the appropriate investigators and hearing bodies. Charges of misconduct which, in the judgment of the Director, could lead to separation from the Institution (Suspension or Expulsion) will be handled through the formal hearing process, which will include the Student Conduct Review Board. Factors to be considered will be the present demeanor and past disciplinary record of the offender, as well as the nature of the offense and the severity of any damage, injury, or harm resulting from it. Repeated or aggravated violations of any section of this code may also result in expulsion or suspension or in the imposition of such lesser sanctions as may be appropriate.
1. Sexual Misconduct
Sexual Misconduct is defined as a threat of a sexual nature or deliberate physical contact of a sexual nature without the other person's consent. Examples of such behavior include, but are not limited to,
a) deliberate or reckless threat, actual or implied;
b) physical contact of a lewd type such as brushing, touching, grabbing, pinching, patting, hugging, and kissing;
c) physical contact of a sexual nature that results in reasonable apprehension of a sexual assault or physical harm and;
d) coerced sexual activities, including rape.
All sexual interaction between any two people must be consensual. Each individual has a responsibility to obtain consent before engaging in sexual interaction. Consent is defined as the act of willingly and verbally agreeing (for example, by stating “yes”) to engage in specific sexual conduct. If either person at any point in a sexual encounter does not give continuing and active consent, all sexual contact must cease, even if consent was given earlier. A person who is impaired by consumption of alcohol or drugs is considered unable to give consent.
To initiate sexual contact with someone whose judgment is impaired by alcohol or drugs, who is unable to give verbal consent (sleeping or unconscious), or who is threatened, coerced, or intimidated is a violation of Code of Conduct. To coerce a person to consume alcohol or other drugs for the purpose of inducing sexual activity is a violation of the Code of Conduct.
Students are reminded that the conduct covered in this policy may also result in criminal prosecution under the laws of the Commonwealth of Pennsylvania. It is the practice of the College to encourage all persons reporting a serious violation of this policy to also report the incident to the local authorities.