Prohibited Conduct under Title IX Sexual Harassment

Title IX Sexual Harassment includes the offenses of sexual harassment, sexual assault, domestic violence, dating violence, and sex-based stalking. This definition applies to all formal complaints that fall within Title IX jurisdiction as determined by the Title IX Coordinator.

Sexual Harassment includes conduct on the basis of sex, or that is sexual in nature, that satisfies one or more of the following:

Quid Pro Quo Sexual Harassment occurs when:

1. an employee of the recipient,
2. conditions the provision of an aid, benefit, or service of the recipient,
3. on an individual’s participation in unwelcome sexual conduct.

Such conduct could include, but is not limited to, sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal, nonverbal, or conduct or communication of a sexual nature.

Hostile Environment Sexual Harassment occurs when there is unwelcome conduct determined by a reasonable person, to be so severe, and pervasive, and objectively offensive, that it effectively denies a Complainant equal access to the University’s education program or activity. Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the totality of the circumstances.

For the purposes of the definition of Title IX Hostile Environment Harassment, reasonable person means a reasonable person in the position of the Complainant, considering the ages, abilities, identities and relative positions of authority of the individuals involved in an incident.

Sexual Assault (Rape) is defined as any sexual act from the list below that is directed against a Complainant that is:

1. without their consent; or
2. instances in which the Complainant is incapable of giving consent.

A Sexual Act, as defined in this Policy, is specifically defined by federal regulations to include one or more of the following:

1. Penetration, regardless of how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, on,
   1. without their consent,
   2. including instances where they are incapable of giving consent because of age (the statutory age of consent in North Carolina is 16) or because of temporary or permanent mental or physical incapacity.
2. Oral or anal sexual contact with a Complainant,
   1. forcibly, and/or against their will (non-consensually), or
   2. not forcibly or against their will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.
3. The use of an object or instrument to penetrate,
   1. however slightly,
   2. Of the genital or anal opening of the body of the Complainant,
   3. forcibly, and/or against their will (non-consensually), or
   4. not forcibly or against their will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.

Non-Consensual Sexual Contact (formerly Fondling) (not involving penetration) is defined as:

1. The intentional touching of clothed or unclothed body parts of the Complainant (buttocks, genital area, groin, inner thigh, breasts), 
2. for the purpose of sexual gratification, sexual degradation, or sexual humiliation,
3. forcibly, and/or
4. against their will (non-consensually), or
5. not forcibly or against their will in instances in which the Complainant is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacity.

Dating Violence is defined as:

1. violence,
2. on the basis of sex,
3. committed by a person,
4. 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, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

For the purposes of this definition, Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.

Domestic Violence is defined as:

1. violence,
2. on the basis of sex,
3. committed by a current or former spouse or intimate partner of the Complainant,
4. by a person with whom the Complainant shares a child in common, or
5. by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or
6. by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of North Carolina, or
7. 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 North Carolina.

To categorize an incident as Domestic Violence under this Policy, the relationship between the Respondent and the Complainant must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.

Sex-Based Stalking is defined as engaging in a course of conduct,

1. on the basis of sex,
2. directed at the Complainant, that;
3. would cause a reasonable person to fear for the person’s safety, or the safety of others; or
4. suffer substantial emotional distress.

   Sex-Based Stalking can include, but is not limited to:

1. Repeated, unwanted, intrusive, or frightening communications by phone, mail, text, email, and/or social media or related applications;
2. Repeatedly leaving or sending unwanted items or gifts;
3. Following or lying in wait for a person at places such as the person’s residence hall, school activities, work, or recreational places;
4. Making direct or indirect threats to harm a person or a person’s relatives, friends, or pets;

1. Damaging or threatening to damage a person’s property;
2. Excessive posting of information or spreading rumors about a person on the internet, in a public place, or by word of mouth; or
3. Unreasonably obtaining personal information about a person for no legitimate purposes.

For the purposes of this definition, course of conduct means two or more acts, including, but not limited to acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Pursuing a violation of Prohibited Conduct for making a materially false statement in bad faith in the course of a grievance proceeding under this Policy and procedure does not constitute retaliation, provided that the determination of responsibility, by itself, is not sufficient to conclude that any party has made a materially false statement in bad faith.