HCAP

4.2.1 Prohibited Title IX Sexual Harassment

Title IX defines Sexual Harassment as conduct on the basis of sex that satisfies one or more of the following: 

  1. An employee of Xavier University conditioning the provision of an aid, benefit, or service of Xavier on an individual’s participation in unwelcome sexual conduct
  2. Unwelcome conduct that would be determined by a reasonable person to be so severe, pervasive, and objectively offensive that is effectively denies a person equal access to a Xavier education program or activity; or
  3. Sexual Assault is defined as:
    1. Sex Offenses, Forcible: Any sexual act directed against another person, without the consent of the complainant, including instances in which the complainant is incapable of giving consent because of incapacitation.
    2. Forcible Rape: Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the complainant.
    3. Forcible Sodomy: Oral or anal sexual intercourse with another person, forcibly, and/or against that person’s will (non-consensually), or not forcibly or against the person’s will in instances in which the complainant is incapable of giving consent because of incapacitation.
    4. Sexual Assault with an Object: The use of an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, forcibly, and/or against that person’s will (non-consensually), or not forcibly or against the person’s will in instances in which the complainant is incapable of giving consent because of incapacitation.
    5. Forcible Fondling: The touching of the private body parts of another person (buttocks, groin, breasts), for the purpose of sexual gratification, forcibly, and/or against that person’s will (non-consensually), or not forcibly or against the person’s will in instances in which the complainant is incapable of giving consent because of incapacitation.
    6. Sex Offenses, Non-forcible:
      1. Incest: Non-forcible sexual intercourse, between persons who are related to each other, within the degrees wherein marriage is prohibited by Ohio law.
      2. Statutory Rape: Non-forcible sexual intercourse, with a person who is under the statutory age of consent of 16. 
  4. Dating Violence is defined as:
    1. Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
      1. The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
    2. Including, but not limited to, sexual or physical abuse or the threat of such abuse.
    3. Does not include acts covered under the definition of domestic violence.
  5. Domestic Violence is defined as a felony or misdemeanor crime of violence committed:
    1. by a current or former spouse or intimate partner of the victim
    2. by a person with whom the victim shares a child in common
    3. by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner
    4. by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred
    5. 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 in which the crime of violence occurred.
  6. Stalking is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to
    1. fear for the person’s safety or the safety of others; or
    2. suffer substantial emotional distress. 

In accord with Federal law and regulations, conduct can only be considered Sexual Harassment under Title IX if: 

  • The conduct occurred in a Xavier University educational program or activity and
  • Against a person in the United States 

Under Title IX, a covered education program or activity includes locations, events, or circumstances over which Xavier exercised substantial control over both the Respondent and the context in which the sexual harassment occurs. The Title IX and Interpersonal Violence Response Coordinator is responsible for assessing whether the education program or activity of the reported conduct is covered by Title IX.