The unwelcomed sexual advances, requests for sexual favors, sexually motivated physical conduct, or gender-based verbal or physical that is explicit or implicit term or condition of employment (hire/fire, benefits) and/or substantially or unreasonably interferes with, limits or deprives an individual’s ability to participate in or benefit from the university's educational program and/or activities. Creates a hostile environment.
An offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. The terms includes: Forcible Rape, Forcible Sodomy, Sexual Assault/Sexual Misconduct With An Object, Forcible Fondling, Non-Forcible Sex Offenses, Dating Violence (42 U.S.C. 13925(a)), and/or Stalking (42 U.S.C. 13925(a) and Ohio Revised Code §2903.211.
Sex-Based Offense Definitions
The “sexual assault” means an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. The terms includes:
1. Rape: Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
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/Sexual Misconduct With An Object: The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will; or not forcibly or against the person's will when the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
4. Fondling: The 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 his/her age or because of his/her temporary or permanent mental or physical incapacity.
5. Non-Forcible Sex Offenses: Unlawful, non-forcible sexual intercourse including Incest (non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law) and Statutory Rape (non-forcible sexual intercourse with a person who is under the statutory age of consent.)
6. Domestic Violence:
- The term “domestic violence” includes 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 or has cohabitated 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 receiving grant monies, 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. (42 U.S.C. 13925(a)).
- Ohio Revised Code §2919.25 Domestic Violence*.
- No person shall knowingly cause or attempt to cause physical harm to a family or household member.
- No person shall recklessly cause serious physical harm to a family or household member.
- No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.
* The full text of Ohio Revised Code §2919.25 is available at: http://codes.ohio.gov/orc/2919.25.
7. Dating Violence:
The term “dating violence” means violence 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 the relationship shall be determined based on a consideration of the following factors:
- the length of the relationship;
- the type of relationship; and
- the frequency of interaction between the persons involved in the relationship. (42 U.S.C. 13925(a)).
- The term “stalking” means engaging in a course of conduct directed at a specific person that would: cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress. (42 U.S.C. 13925(a)).
- Ohio Revised Code §2903.211 Menacing by Stalking.
(A)(1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.
(A)(2) No person, through the use of any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, or computer system, shall post a message with purpose to urge or incite another to commit a violation of division (A)(1) of this section.
(A)(3) No person, with a sexual motivation, shall violate division (A)(1) or (2) of this section.
* The full text of Ohio Revised Code §2902.211 is at: http://codes.ohio.gov/orc/2903.211.
Please note: Definitions of crimes may be legislatively modified at any time and specific crime elements may vary by jurisdiction. Additional offenses also may meet the defined elements of the crimes above (e.g. a trespass also may be considered stalking.)
Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature.
Sexual harassment is subject to a separate set of policies and guidelines.