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• Retaliation – adverse academic, social, employment or other actions against anyone reporting a violation or participating in an investigation of any Title IX allegation. In addition to being considered discriminatory, sexual violence is criminal activity.
Definitions of Sexual Misconduct
The following is a summary of important definitions related to sexual misconduct and relationship violence
A. Consent
Consent to engage in sexual activity must be knowing and voluntary; it must exist from the beginning to end of each instance of sexual activity and for each form of sexual contact. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage freely in sexual activity. Consent is active, not passive.
B. Sexual Assault
A term that encompasses rape, forcible fondling, incest, and statutory rape. In Pennsylvania, sexual assault also is a separate statute defined as sexual intercourse or deviate sexual intercourse without the complainant’s consent.
C. Domestic Violence
Felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction or 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.
D. Dating Violence
Felony or misdemeanor committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim and where the existence of such a relationship shall be determined based on consideration of the following factors.
1. the length of the relationship
2. the type of relationship
3. the frequency of interaction between the persons involved in the relationship
E. Stalking
Stalking means engaging in acts toward another person that would cause a reasonable person to fear for his or her safety, the safety of others, or suffer substantial emotional distress. Stalking can also be done electronically with examples including using someone’s computer to track their activity or sending unwanted electronic communications.
F. Bystander Intervention
Bystander intervention, or being an active bystander, is an important role in preventing sexual violence when we are confronted with problematic situations. Being an active bystander can include:
1. Speaking out against statements, attitudes, or behavior that may perpetuate a culture endorsing violence as acceptable or inevitable
2. Naming and stopping situations that could lead to a sexual assault
3. Stepping in during a high‐risk incident, whether by disruption, distraction, speaking up, or even calling for help so
others can step in.
4. Supporting and believing others when they feel uncomfortable or hurt
5. Step in and offer assistance. If it means putting yourself in danger, call 911 instead
6. Don’t leave the scene. If there are witnesses, the perpetrator is less likely to do something
7. If you know the perpetrator, tell them to stop and that you don’t approve of their actions
8. When you go to a party, go as a group, check in with each other frequently, and leave together
9. Have a buddy system
10. Ifyouseesomeonewhoisintoxicated,offertocallacab
11. Helpingothersrespondtoproblematicsituations.Thegoalsofbystanderinterventionaremanifold.Whilebystanders
must ultimately be equipped with skills to be effective and supportive allies before a sexual assault ever takes place, bystanders must also be taught when to intervene and why. We all have a responsibility to derail and interrupt violence and violence‐condoning attitudes on campus. Research shows that bystander intervention is a promising practice to help prevent the national public health problem of sexual assault on college campuses.
G. Warning Signs of Abusive Behavior:
The following are characteristics of a person who exhibits abusive behavior. Avoiding people with these characteristics or tendencies can help you avoid being the victim of interpersonal violence.
1. Someone who talks over you or doesn’t really listen to your point of view
2. Someone who is particularly argumentative
3. Someone who doesn’t follow rules or show respect for other people
4. Someone who is Exchange Oriented Wants something for anything
Page 57 of 83 Catalog Volume 62 ‐Version 3 Effective June 5, 2020