定义不当性行为
Shenandoah University defines sexual misconduct as any form of sex discrimination and includes sexual harassment, 性侵犯, 约会暴力, 家庭暴力, 和被人跟踪. With respect to sexual encounters, Shenandoah wants all sex to be wanted sex. Any sexual activity that takes place without consent, 用武力或以武力相威胁, or with a minor or someone who is physically or mentally incapacitated is a violation of Shenandoah’s policies on sexual misconduct.
什么是同意?
同意的定义是明确的, 知道, voluntary words or actions that give permission for specific sexual activity. Consent must be informed and freely and actively given. Silence does not imply consent. It is the responsibility of the initiator to obtain clear and affirmative responses at each stage of sexual involvement. Consent to one form of sexual activity [like kissing] does not imply consent to other forms of sexual activity [like sex]. An individual who is incapacitated by alcohol and/or other drugs, both voluntarily or involuntarily consumed, 不得给予同意. Past consent of sexual activity does not imply ongoing future consent.
什么是丧失行为能力?
Incapacitation is defined as the physical and/or mental inability to make informed, 理性的决定. Such inability voids an individual’s capacity 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 either illegal and/or prescribed substances.
什么是强制?
Coercion is defined as an unreasonable amount of pressure to engage in sexual activity. Coercive behavior is not the same as seduction.
什么是力??
Force is defined as the use of physical violence and/or imposing on someone physically to gain sexual access. Force can include 但不限于 threats, 恐吓, implied threats and coercion that overcomes resistance or produces consent.
什么是性骚扰?
- 谢南多厄的雇员
- conditions the provision of an aid, benefit, or service of the university,
- on an individual’s participation in unwelcome sexual conduct.
- 不受欢迎的行为,
- determined by a reasonable person,
- 如此严厉,而且
- 无处不在,
- 客观地进攻,
- that it effectively denies a person equal access to Shenandoah’s education program or activity.
什么是性侵犯?
- 性犯罪,暴力:
- Any sexual act directed against another person,
- without the consent of the Complainant,
- including instances in which the Complainant is incapable of giving consent.
- 非强制性犯罪:
- 乱伦:
- Non-forcible sexual intercourse,
- between persons who are related to each other,
- within the degrees wherein marriage is prohibited by Virginia law.
- 法定强奸罪:
- with a person who is under the statutory age of consent of Virginia.
- 乱伦:
什么是约会暴力?
-
- 暴力,
- 基于性别,
- 由某人犯下的罪行;
- who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.
- The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, 关系的类型, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition—
- 约会暴力包括, 但不限于, sexual or physical abuse or the threat of such abuse.
- Dating violence does not include acts covered under the definition of 家庭暴力.
什么是家庭暴力?
-
- 暴力,
- 基于性别,
- committed by a current or former spouse or intimate partner of the Complainant,
- by a person with whom the Complainant shares a child in common, or
- by a person who is cohabitating with, 或与…同居, the Complainant as a spouse or intimate partner, or
- by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Virginia, or
- by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Virginia.
什么是跟踪?
-
- engaging in a course of conduct,
- 基于性别,
- directed at a specific person, that
- would cause a reasonable person to fear for the person’s safety, or
- the safety of others; or
- suffer substantial emotional distress.