HCAP

4.2.2 Prohibited Interpersonal Violence

Interpersonal Violence is a broad term encompassing any unwelcome act of a sexual, intimate, and/or romantic nature perpetrated by any person against another without that person's Consent or when that person is unable to freely give Consent or is Coerced. Interpersonal Violence occurs regardless of whether there was intent to harm another. While Interpersonal Violence is similar in many respects to Title IX Sexual Harassment described in Section 4.2.1 above, this Section 4.2.2 addresses conduct that is not within the confines of Title IX Sexual Harassment, such as, but not limited to, conduct of a student that occurs off-campus.

Interpersonal Violence can involve physical, verbal, and/or electronic contact or conduct (e.g., offensive sexual words, comments, gestures, videos or pictures). It can occur between people of different genders or people of the same gender, or between an individual and a community of people. It can occur before or after consensual sexual activity.

Retaliation by any University employee against a person complaining of Interpersonal Violence is prohibited.

The following types of Interpersonal Violence are prohibited by the Xavier University's HCAP and Student Handbook.

  • 4.2.2.1 Sexual Harassment is: Unwelcome, gender-based verbal or physical conduct that is:
    • Sufficiently severe, persistent or pervasive that it unreasonably interferes with, denies or limits someone's ability to participate in or benefit from the University's educational programs, services, and/or activities, and is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.
    • Quid pro quo sexual harassment exists when there are:
      • Unwelcome sexual advances, request for sexual favors, or other verbal or physical conduct of a sexual nature; and
      • Submission to or rejection of such conduct results in adverse educational or employment action.
    • Retaliatory harassment is any adverse employment or educational action take because of the individual's participation in an investigation or resolution of a Sex Discrimination complaint.
    • Hostile environment sexual harassment. Determining whether the conduct has created a hostile environment requires an assessment of whether the conduct is sufficiently serious to deny or limit the individual's ability to participate in or benefit from the University program. To determine whether the conduct denies or limits benefits or services, the following will be considered:
      • The conduct from subjective and objective perspectives;
      • Whether the conduct is sufficiently severe or serious;
      • Effect of the conduct on the individual's education and/or employment;
      • All other relevant circumstances, such as type, frequency, location, duration, number of individuals involved, and the relationship/roles of the parties.
    • Behavior is sexual in nature if a reasonable person could have interpreted the alleged behavior to be sexual. Conduct that constitutes sexual harassment can be verbal, visual or physical and may be through telephone or electronic contact.
    • Not all workplace or educational conduct that may be described as "harassment" affects the terms, conditions or privileges of employment or education. For example, a mere utterance of a gender-based epithet which creates offensive feelings in an employee or student would not normally affect the terms or conditions of their employment or education.
    • Examples of sexual harassment may include:
  • Unwelcome sexual advances.
  • Explicit or implicit requests for sexual favors.
  • Ongoing use of offensive language or discussions of a sexual nature that creates a hostile or offensive environment.
  • A supervisor or professor promising a raise or a better grade in exchange for sexual contact.
  • Repeated, unwanted attempts to change a professional relationship to a personal relationship.
  • Repeated joking, teasing, and/or comments about sexual orientation.
  • Repeated joking, teasing, and/or comments about gender identity.
  • Repeated joking, teasing, and/or comments about other peoples' bodies.
  • Whistling, touching, or other repeated unwanted flirtation.
  • Displaying graphic pictures that create a hostile or offensive working or living environment.
  • Unwelcome attention of a sexual nature after requesting that the attention be stopped.
  • Sexual Assault, Rape, Stalking, Domestic Violence, Dating Violence, Public Indecency, Sexual Exploitation, and Other Interpersonal Violence (as defined in this policy.)
  • The foregoing is not an exhaustive list of conduct that constitutes Sexual Harassment.
    • The more severe the conduct the less the need to show repeated incidents.
    • There does not need to be sexual desire motivating the conduct. The key inquiry is whether the Respondent's words or actions are directed at an individual because of the individual's sex, sexual orientation, and/or gender identity. This includes harassment based on failure to conform to stereotypical notions of sex and gender, including non-conforming appearance and non-conforming mannerisms.

4.2.2.2 Public Indecency- Masturbating or flashing/exposing breasts or genitals to others in a public and/or uninvited manner. It also includes engaging in an activity in public appearing to an ordinary observer to be sexual conduct or masturbation.

4.2.2.3 Stalking- A pattern of conduct by a person with a sexual, romantic or gender-based motivation that causes or is intended to cause another person to believe that the offender will cause physical harm or mental distress to the other.

4.2.2.4 Sexual Exploitation- Occurs when one person takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other Interpersonal Violence offenses. Examples of sexual exploitation include, but are not limited to:

  • Invasion of sexual privacy;
  • Prostituting another person;
  • Non-consensual digital, video or audio recording of nudity or sexual activity;
  • Unauthorized sharing or distribution of digital, video or audio recording of nudity or sexual activity;
  • Engaging in voyeurism (trespassing, secretly invading the privacy of another, spying or eavesdropping upon another, usually with the purpose of sexually arousing or gratifying oneself (e.g., watching a person or persons in an intimate setting without that person's permission). Voyeurism may involve telescopes, still and video cameras, audio recording, or other technologies)
  • Going beyond the boundaries of consent (such as letting your friend hide in the closet to watch you having consensual sex);
  • Knowingly exposing someone to or transmitting an STI, STD or HIV to another person;
  • Intentionally or recklessly exposing one's genitals in non-consensual circumstances; inducing another to expose their genitals;
  • Sexually-based stalking and/or bullying may also be forms of sexual exploitation

4.2.2.4 Sexual Assault (or attempts to commit the same) 

Sexual Assault is: 

  • Any intentional sexual touching, however slight,
  • By a person upon another person,
  • That is without Consent and/or when Coercion is used. 

Sexual Contact includes: 

  • Intentional contact with the breasts, buttock, groin, or genitals, or
  • Touching another of with any of these body parts or
  • Making another touch you or themselves with or on any of these body parts or
  • Any other intentional bodily contact in a sexual manner.

4.2.2.5 Rape (or attempts to commit same)

Rape is: 

  • Any sexual intercourse, however slight,
  • With any body part or object,
  • By a person upon another person,
  • That is without Consent and/or when Coercion is used. 

Intercourse includes:

  • Vaginal or anal penetration by body part or object Oral (mouth to genital or anal)
  • No matter how slight the penetration or contact.

4.2.2.6 Domestic Violence is defined as:

  • A pattern of abusive behavior in an intimate or family relationship where
  • The behavior is used to exert power and control over another party in the relationship.

OR

  • One instance of severe abusive behavior in an intimate or family relationship where
  • The behavior is used to exert power and control over another party in the relationship.

Domestic violence can include but is not limited to physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.

Abusive behavior can be spoken, written, or physical. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

Individuals of all sexes and gender identities can perpetrate domestic violence and can be victims of domestic violence. Domestic violence can be perpetrated by and against individuals who identify as heterosexual, lesbian, gay, bisexual, and/or transgender, and crosses all social, ethnic, racial, age, and economic lines.

4.2.2.7 Dating Violence is defined as:

  • A pattern of abusive behavior committed by a person who is or has been in a relationship of a romantic or intimate nature with the victim where
  • The behavior is used to exert power and control over another party in the relationship.

OR

  • One instance of severe abusive behavior committed by a person who is or has been in a relationship of a romantic or intimate nature with the victim where
  • The behavior is used to exert power and control over another party in the relationship. 

Dating violence can include but is not limited to physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.

Abusive behavior can be spoken, written, or physical. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

Individuals of all sexes and gender identities can perpetrate domestic violence and can be victims of domestic violence. Domestic violence can be perpetrated by and against individuals who identify as heterosexual, lesbian, gay, bisexual, and/or transgender, and crosses all social, ethnic, racial, age, and economic lines.

4.2.2.8 Interpersonal Violence- Other – An employee may be found responsible for "Interpersonal Violence - Other" if their actions meet the definition of this type of misconduct but do not meet the definition of any particular type of Interpersonal Violence listed in this section.