Definitions
Definitions are from the TCU Policy on Prohibited Discrimination, Harassment and Related Conduct. For complete definitions, with examples, please review the full University policy.
Consent: Consent to sexual activity is action or words that a reasonable person would understand to communicate voluntary permission among participants to engage in mutually agreed upon sexual activity. Consent cannot be obtained through force, threat of force, coercion, intimidation, or by taking advantage of another person’s incapacitation.
Incapacitation: If a reasonable person would conclude based on the information available that the individual is not capable of giving consent because the individual is mentally and/or physically helpless, either voluntarily or involuntarily, or the individual is unconscious, asleep, or otherwise unaware that the sexual activity is occurring. A person may not be capable of giving consent as a result of the consumption of alcohol and/or other drugs, or due to a temporary or permanent physical or mental health condition.
Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct that is based on sex or is sexual in nature.
Gender-Based Harassment: Gender-based harassment is unwelcome conduct based on an individual’s actual or perceived sex. It includes slurs, taunts, stereotypes, or name-calling as well as gender-motivated physical threats, attacks, or other hateful conduct.
Sexual Assault: Any sexual act directed against another person without their consent, including instances where the person is incapable of giving consent.
Non-Consensual Sexual Contact: The touching of another person’s breasts, buttocks, groin, genital, or other intimate parts for the purpose of sexual gratification without consent. Touching may be over or under clothing and may include the touching another, one person forcing another to touch them or to touch another person, or one person making another touch their own body
Non-Consensual Sexual Intercourse: It is the penetration, no matter how slight, of the vagina or anus, with any body part or object, or the oral penetration by a sex organ of another person, without consent. This includes vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation (mouth to genital contact).
Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.
Dating Violence: Violence, including but not limited to sexual or physical abuse or threat of such abuse, which occurs between individuals who are or has been in a social relationship of a romantic or intimate nature. In determining the existence of such a relationship, consideration will be given to the length and the type of relationship and the frequency of interaction between the persons involved in the relationship. Dating violence does not include acts covered under the definition of domestic violence.
Domestic Violence: A felony or misdemeanor crime of violence committed:
– By a person against their current or former spouse or intimate partner.
– By one person against another person when the two individuals share a child in common.
– By one person against another person with whom they have or has cohabitated with as a spouse or intimate partner.
– By a person, similarly, situated to a spouse of the person against whom the violence was directed, under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
– 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 in which the crime of violence occurred.
Complicity: Any act that knowingly aids, facilitates, promotes, or encourages another person to engage in conduct that violates this policy.
Stalking: engaging in a course of conduct directed at a specific person which would cause a reasonable person (under similar circumstances and with similar identities) to (1) fear for their safety or the safety of others or (2) suffer significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling. For purposes of this definition, a “course of conduct” means two or more acts, including, but not limited to, acts in which the stalker 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. Examples can include, but are not limited to, threats of harm to self, others, or property; pursuing or following a person; non-consensual (unwanted) communication by any means; sending unwanted gifts; trespassing; and surveillance or other related types of observation. Stalking also includes cyber-stalking through electronic media, like the internet, social networks, blogs, cell phones, or text messages.
Sexual Exploitation: Purposely or knowingly doing any of the following:
1. Observing and/or watching other(s) engaged in intimate behaviors including, but not limited to, undressing, sexual activity, using the bathroom, bathing, or other actions usually considered to be of a private nature, without the other person’s knowledge or consent (often referred to as voyeurism);
2. Recording, photographing, transmitting, showing, viewing, streaming, or distributing pictures, video or audio of another person in a sexual act or in any
other intimate/private activity without the knowledge and consent of all persons involved in the activity;
3. Exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent).
4. Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV), a sexually transmitted disease (STD) or infection (STI) without informing the other person of the infection;
5. Administering alcohol or drugs (such as “date rape” drugs) to another person without their knowledge or consent; or 6. Exposing one’s genitals in non-consensual circumstances.
Retaliation: Action taken against any person because the individual filed a good faith report or formal complaint alleging conduct of the type prohibited by this policy or because the individual has testified, assisted, or otherwise participated in an investigation of conduct of the type prohibited by this policy or in related proceedings. Retaliation can take many forms, including, but not limited to, adverse action or violence, threats, acts of intimidation, other acts of harassment or discrimination. Retaliation is a separate and distinct violation under the policy and the law. Any person found to have violated this policy of non-retaliation is subject to disciplinary action up to and including termination or expulsion.