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Prohibited conduct includes sexual misconduct, sexual harassment, sex or gender discrimination, stalking on the basis of sex, dating/intimate partner violence, and sexual exploitation. Sex discrimination occurs when a person has been treated inequitably based on sex or gender.
In some instances, to protect the safety of the campus community, an investigation may still go forward; in other instances it may not.If there is a sexual history between the individual submitting the complaint and the Accused, can it still be sexual assault?Examples of prohibited retaliation include, but are not limited to, giving a lesser grade than the student’s academic work warrants because the student filed a complaint of sexual harassment; giving lower than justified performance appraisals because a person was a witness in an investigation of alleged sexual harassment; and threatening to spread false information about a person for filing a complaint of sexual harassment.What if the impacted individual requests confidentiality?Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.It is important to remember that incapacitation is an extreme form of intoxication.Incapacitation negates consent, therefore anyone engaging in sexual contact with an incapacitated person is in violation of university policy.Coercion and force, or threat of either, invalidates consent. In certain situations, a person does not have the capacity to agree to participate in consensual sex.Examples include individuals who are under the age of consent (17 in Missouri), incapacitated due to alcohol or drug consumption, developmentally disabled, mentally/physically unable to consent, etc. Sexual contact with someone one knows to be or should know to be incapacitated is a violation of policy.What remedies are available to students when they report a Title IX related incident?