Title IX Definitions
Sexual harassment is a type of sex discrimination and is prohibited by Title IX and by Brunswick
Community College policy. Sexual harassment may include unwelcome sexual
advances, requests to engage in sexual conduct or for sexual favors, and
other behavior of a sexual nature where:
- Submission to such conduct is made either explicitly or implicitly a term
or condition of an individual’s education or employment;
- Submission to or rejection of such conduct by an individual is used as
the basis for academic or employment decisions affecting the individual; and/or
- Such conduct has the purpose or effect of substantially interfering with
an individual’s academic or work performance, or of creating an
intimidating, hostile or demeaning educational or employment environment.
Sexual harassment can be verbal, visual or physical and can occur regardless
of the relationship, position, gender, or sexual orientation of the parties
involved. It can be overt (e.g., in a suggestion that a person can get
a higher grade by submitting to sexual advances), or implied from conduct
Sexual harassment can also consist of unwelcome attempts to make an educational
or professional relationship into a personal one. It may include severe,
persistent and pervasive unwelcome sexual flirtation or inappropriate
or derogatory language, including jokes involving individuals or classes
of people, or persistent requests for dates. A single incident or few
incidents may not necessarily amount to harassment, but a single extreme
incident could constitute prohibited discrimination or harassment. Sexual
harassment can also include the display of offensive materials, unwelcome
physical contact, or serious physical abuse such as sexual assault or rape.
Sexual Assault is any non-consensual, intentional physical contact of a sexual nature,
such as unwelcome contact with a person’s genitals, buttocks or
breasts, or any form of sexual intercourse without consent. Rape is a
form of sexual assault.
Forcible sex offense is defined as any sexual act directed against another person, forcibly
and/or against that person’s will; or not forcibly or against the
person’s will where the victim is incapable of giving consent. They
include rape, sodomy, sexual assault, and forcible fondling.
Non-forcible sex offense includes incest and statutory rape.
Consent is voluntary and sober. It requires words or actions that show a voluntary
willingness or agreement to engage in a mutually agreed upon sexual activity.
Consent is not present when one is incapable of consent, by reason of
intoxication or incapacitation due to drugs or alcohol, when subject to
coercion or threat of coercion, or subject to force. Consent to conduct
does not occur when a person is incapable of evaluating the nature of
the conduct, incapable of declining participation in, or communicating
unwillingness to engage in, a sexual act or other acts. Submission to
conduct does not mean the conduct was welcome or consensual; in other
words, the absence of “no” does not mean “yes.”
Just because someone has consented to certain sexual activities in the
past does not mean that that person is consenting to sexual activity at
present. Further, even if someone consents to certain types of sexual
contact that does not mean that person also wants to engage in sexual
intercourse or other sexual activities.
Domestic Violence may include violent acts by a current or former spouse; by a person with
whom the victim shares a child in common; by a person who is or has cohabitated
with the victim as a spouse; by a person similarly situated to a spouse;
between a parent and child; between members of the same household in an
intimate relationship; or by any other person similarly situated. Domestic
violence can be physical, sexual, emotional or economic in nature.
Dating Violence can be violence or abusive behavior used by one partner to gain or maintain
control over another partner. It can be violence committed by a person
who is or has been in a social, romantic or intimate relationship with
the victim. The existence of such a relationship will be determined by
factors such as the length of the relationship, the type of relationship,
and the frequency of interaction between the persons involved.
Stalking is unwanted or obsessive attention by an individual or group toward a
specific person that would cause a reasonable person to fear for his or
her safety or the safety of others or to suffer substantial emotional
distress. Stalking may include the monitoring of an individual online
or involve the use of social media, email or other technology. It may
also include unwanted observation or surveillance.