4.4.2.2 : Prohibited Conduct
Sexual Harassment
Sexual harassment is conduct on the basis of sex that constitutes Quid Pro Quo Sexual Harassment, Hostile Environment Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, or Stalking.
Examples of Sexual Harassment include but are not limited to:
1. Pressure for a dating, romantic, or intimate partner relationship;
2. Pressure for sexual activity;
3. Sending sexually explicit emails or text messages.
Quid Pro Quo Sexual Harassment
Quid Pro Quo Sexual Harassment is an employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct.
Hostile Environment Sexual Harassment
Hostile Environment Sexual Harassment is defined as conduct on the basis of sex that is unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity.
In determining whether harassment has created a hostile environment, consideration will be given to whether the conduct was unwelcoming to the person who feels harassed and also to whether a reasonable person in a similar situation would have perceived the conduct as objectively offensive.
The following factors are also considered:
1. The degree to which the conduct affected one or more students’ education or individual’s employment;
2. The nature, scope, frequency, duration, and location of the incident or incidents and the context in which they occurred;
3. The identity, number, and relationships of persons involved;
4. The age and sex of the alleged harasser and the subject or subjects of the harassment;
5. Other incidents at Greenville University or other institutions, as appropriate; and
6. Incidents of gender-based, but non-Sexual Harassment.
Mere offensiveness is not enough to create a hostile environment.
Sexual Assault
Sexual Assault is a particularly severe form of prohibited sexual harassment. Sexual Assault includes the sex offenses of Rape, Sodomy, and Sexual Assault with an Object, Fondling, Incest, and Statutory Rape.
1. Rape: the carnal knowledge of a person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity. There is “carnal knowledge” if there is the slightest penetration of the vagina or anus by the sex organ of the other person. Attempted Rape is included.
2. Sodomy: oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
3. Sexual Assault with an Object: using an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity. An “object” or “instrument” is anything used by the offender other than the offender’s genitalia.
4. Fondling: touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
5. Incest: sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Illinois law.
6. Statutory Rape: sexual intercourse with a person who is under the statutory age of consent as defined by Illinois law.
Violence
Violence refers to any conduct that causes or threatens to cause physical, mental, or emotional harm to another.
Domestic Violence
Domestic Violence includes any act of violence or threatened violence committed by a current or former spouse or intimate partner of a victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Illinois, 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 Illinois.
Examples of domestic violence include but are not limited to:
1. Kicking, punching, pushing, or otherwise physically attacking;
2. Placing someone in the protected class in reasonable apprehension of receiving a battery;
3. Threatening harm to another for exercising control over a person in the protected class;
4. Preventing someone from accessing needed emergency services.
Dating Violence
Dating violence is defined as violence or threatened violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship. Date violence can include a single encounter.
Examples of dating violence are included above under Domestic Violence.
Stalking
Stalking is a course of conduct directed at a specific person that would cause a reasonable person to 1) fear for his or her safety, or the safety of others; or 2) suffer substantial emotional distress.
Examples include but are not limited to:
1. Using technology to gather information on and/or images of someone;
2. Waiting outside someone’s home and/or place of business;
3. Excessively calling, texting, or messaging someone.