Title IX

Words or actions that demonstrate a knowing or voluntary willingness to engage in mutually-agreed-upon sexual activity constitutes consent. Consent cannot be gained by force, by ignoring objections, or by taking advantage of another’s incapacitation. Consent may not be inferred from silence or any other lack of active resistance. It may not be implied by attire or inferred from an individual by spending money on that individual (e.g., buying a meal on a date). Prior consent does not imply consent to future sexual acts. In addition, consent to one type of sexual act does not automatically imply consent to another type of sexual act.

Once a person says “no,” it does not matter if or what kind of sexual behavior has occurred at an earlier date in time. For example, if individuals have previously engaged in sexual behavior, and then during another interaction individual says “no” and the other forces penetration, it is sexual assault.

Consent may not be given by the following persons:

Individuals who are mentally incapacitated at the time of the sexual contact in a manner that prevents him or her from understanding the nature or consequences of the sexual act involved;
Individuals who are unconscious or otherwise physically helpless; and
Minors
Incapacitation is defined as the physical and/or mental inability to make informed, rational judgments that voids an individual’s ability to give consent. Incapacitation may be caused by a permanent or temporary physical or mental impairment. Incapacitation may also result from the consumption of alcohol or the use of drugs.

The use of alcohol or drugs may, but does not automatically affect a person’s ability to consent to sexual contact. The consumption of alcohol or drugs may create a mental incapacity if the nature and degree of the intoxication go beyond the stage of merely reduced inhibition and reach a point in which the victim does not understand the nature and consequences of the sexual act. In such case, the person cannot consent.

A person violates the sexual misconduct policy if he or she has sexual contact with someone he or she knows or should know is mentally incapacitated or has reached the degree of intoxication that results in incapacitation. The test of whether an individual should know about another’s incapacitation is whether a reasonable, sober person would know about the incapacitation.

A person who is passed out or unconscious as a result of the consumption of alcohol or drugs is physically helpless and is not able to consent.

Any sexual contact that occurs without consent constitutes non-consensual sexual contact. Examples of sexual contact include, but are not limited to: the intentional touching of a person’s genitalia, groin, breast, or buttocks or the clothing covering any of those areas, or using force to cause the person to touch his/her own genitalia, groin, breast, or buttocks.

The act of sexual intercourse that occurs without consent constitutes non-consensual sexual intercourse. Sexual intercourse is defined by penetration (anal, oral, or vaginal) by a penis, tongue, finger, or inanimate object.

Unwelcome sexual advances, including requests for sexual favors or other verbal or physical conduct of a sexual nature constitutes sexual harassment, when one or more of the following occur:

Submission to or rejection of such conduct is made a term or condition of an individual’s employment or academic success;
Submission to or rejection of such conduct is used as the basis for employment or academic decisions;
Such conduct has the purpose or effect of interfering with an individual’s work or academic performance or creates a hostile, intimidating, or offensive work or educational environment.

Taking sexual advantage of another person without effective consent constitutes sexual exploitation. This includes but is not limited to causing the incapacitation of another person for a sexual purpose; causing the prostitution of another person; electronically recording, photographing, or transmitting intimate or sexual utterances, sounds, or images of another person; allowing third parties to observe sexual acts; engaging in voyeurism; distributing intimate or sexual information about another person; and knowingly transmitting a sexually transmitted infection, including HIV, to another person.

Repeatedly contacting another person when the contact is unwanted constitutes stalking. The conduct may cause the other person reasonable apprehension of imminent physical harm or substantial impairment of the other person’s ability to perform the activities of daily life. Contact includes but is not limited to communication (in person, by phone, or by computer), following a person, and watching or remaining in the physical presence of the other person.

Coercion is an unreasonable amount of pressure to engage in sexual activity. Coercion begins not when you make the sexual advance, but when you realize they do not want to be convinced and you continue to push.

Force equated with violence or the use of a weapon constitutes physical force. No matter how slight, any intentional physical impact upon another, use of physical restraint, or the presence of a weapon constitutes the use of force.

Threats cause a person to do something that he or she would not have done without the threat (forcible compulsion), e.g., “If you do not have sex with me, I will:

harm someone close to you.”
tell people you are gay.”
tell people you are a whore.”

Intimidation can be defined as an implied threat, i.e., “If you make-out with me, I will let you join my football team.”

Physical assault(s), or credible threat(s) of bodily harm, involving adults who are in an intimate relationship.

This is an act that, as an explicit or implicit condition for initiation to, admission into, affiliation with, or continued membership in a group organization, could be seen by a reasonable person as endangering the physical health of an individual or as causing mental distress to an individual through, for example, humiliating, intimidating, or demeaning treatment; destroys or removes public or private property; involves the consumption of alcohol, other drugs, or other substances; or violates any of the policies of the University. Hazing that involves sexual offenses fall under Title IX purview.

VUL faculty and staff are required by law to report any information they have regarding alleged harassment or assault to the Title IX coordinator. However, individual offices and occupations are exempt from mandatory reporting and are not required to inform the Title IX coordinator about incidents, under the law. These include pastoral roles, professional counselors and trainees, and health centers. These offices are strictly confidential, to the extent permitted by law. However, they still provide aggregate data (i.e., dates and locations) on offenses, per Clery Act compliance, but they do not provide names of victims or the accused.

The VUL employees and offices below are exempt from mandatory reporting:

National Sexual Assault Hotline –

National Center for Victims of Crime Victim Service Helpline –

National Center for Victims of Crimes: www.victimsofcrime.org

Help a Loved One: Some of the many ways family and friends can assist a victim of a sexual offense is to listen and not be judgmental, be patient, create a safe place, and possibly encourage the individual to seek professional help. Learn more about these and additional

Self-Care for Survivors: The healing process for a survivor of a sexual offense can look different for each individual with special care and concern for the following areas: food, exercise, sleep, medical care, counseling, journaling, and relaxation exercises. Learn more about

Self-Care for Family/Friends: These individuals may feel a wide range of emotions when a loved one experiences a sexual offense, among them are: shock, anger, sadness, anxiety, and fear. It’s incredibly important that family and friends of survivors take healthy care of themselves as well. Learn more about