Sexual Misconduct Policy
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Sexual Misconduct is an umbrella term that includes:
- Sexual Harassment
- Sexual Assault
- Sexual Violence
- Sexual Exploitation
- Sexual Intimidation
- Dating Violence
- Domestic Violence
General Frequently Asked Questions
Q: What is Sexual Violence?
A: Sexual violence is any sexual act that is perpetrated against someone's will. Sexual violence encompasses a range of offenses, including a completed nonconsensual sex act (i.e., rape), an attempted nonconsensual sex act, abusive sexual contact (i.e., unwanted touching), and non-contact sexual abuse (e.g., threatened sexual violence, exhibitionism, verbal sexual harassment).
Q: What is Sexual Assault?
A: Sexual assault is generally defined as engaging in intercourse by force or threat of force and without the consent of the other person or, with a person who is incapable of giving consent due to a disability or intoxication. Bowie State University adheres to the University System of Maryland Policy on Sexual Assault which recognizes two levels of sexual assault:
Sexual Assault I.
By stranger or acquaintance, rape, forcible sodomy, or forcible sexual penetration, however slight, of another person's anal or genital opening with any object. These acts must be committed either by force, threat, intimidation or through the use of the victim's mental or physical helplessness of which the accused was aware or should have been made aware.
Sexual Assault II.
By stranger or acquaintance, the touch of an unwilling person's intimate parts (defined as genitalia, groin, breast, or buttocks, or clothing covering them) or forcing an unwilling person to touch another's intimate parts. These acts must be committed either by force, threat, intimidation or through the use of the victims' mental or physical helplessness of which the accused was aware or should have been aware.
Q: What is consent? How do I know if I have it?
A:Consent is a positive affirmation of the desire to engage in sexual activity. If a person is not verbally agreeing and not making any action to initiate or pursue sexual activity, then this person is not consenting. The phrase "freely given" means that consent cannot be coerced. Consent which is obtained through the use of physical force, threats, intimidation, or coercion, is ineffective consent. According to the State of Maryland, if a person is incapacitated by drugs and/or alcohol he or she is considered incapable of giving consent.
Q: What is Domestic Violence?
A: Domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.
Q: What is Dating Violence?
A: Dating violence or relationship violence is defined as the physical, sexual or psychological/emotional violence within a dating relationship
Q: What is Stalking?
A: Stalking is a course of conduct directed at a specific person that would cause a reasonable person to feel fear.