lmu cares definitions

Below is a list of terms as described in the LMU Student-on-Student Sexual Misconduct and Interpersonal Misconduct Policy.

Sexual Assault

Sexual Assault is defined as engaging in sexual intercourse, or any of the sexual activities listed below, with another person without that person’s consent. Sexual Assault includes, but is not limited to, rape, sexual battery, anal intercourse, oral copulation or penetration of a body cavity by a foreign object. Sexual intercourse includes the penetration, however slight, of the vagina or anus with any object or body part and of the mouth with a body part and/or object in a sexual manner.

Sexual Harassment

Sexual Harassment is defined as unwelcome conduct of a sexual nature including, without limitation, unwelcome sexual advances, requests for sexual favors, intrusion into another’s sexual seclusion or privacy and other unwelcome verbal, nonverbal, auditory, visual, recording, transmission or display of sexual matters or materials or physical conduct of a sexual nature. A sexually hostile environment exists when Sexual Harassment is so continuous and pervasive that it interferes with or limits a student’s ability to participate in, or benefit from, the University’s educational program.

Sexual Harassment also includes the act of making sexual contact with the intimate body part of another person without that person’s consent, including as the result of sexual coercion. Intimate body parts include the mouth, the sex organs, the anus, the groin or buttocks of any person, and/or the breasts.

For purposes of this policy, Sexual Harassment includes, but is not limited to, invasion of sexual privacy, audio or video recording or photographing of any type (webcam, camera, Internet exposure, etc.) without knowledge and consent of all persons, going beyond the boundaries of consent (such as letting another person hide and watch you have consensual sex without the knowledge of the other party), engaging in unconsented voyeurism, exposing one’s genitals or breasts in non-consensual circumstances, coercing another against their will to expose their genitals or breasts and prostituting another person.

Sexual Exploitation

Sexual Exploitation is defined as sexual misconduct that occurs when a person takes unjust or abusive sexual advantage of another for his or her benefit or for the benefit of anyone other than the exploited party; and that behavior does not otherwise constitute sexual assault. Examples of sexual exploitation include, but are not limited to, invasion of sexual privacy, videotaping or photographing of any type (webcam, camera, Internet exposure, etc.) without knowledge and consent of all persons; going beyond the boundaries of consent (such as letting another person hide and watch you have consensual sex without the knowledge of the other party), engaging in voyeurism, exposing one’s genitals in non-consensual circumstances; coercing another to expose their genitals, prostituting another person.

Consent

Consent is defined as the unambiguous and willing participation or cooperation in act, behavior or attitude that is commonly understood to be consistent with the exercise of free will. Consent requires participants who are lawful adults, fully conscious, equally free and legally competent to act, have clearly communicated their willingness, cooperation or permission to participate in the specific sexual activity engaged in, are positive and clear about their desires and are able to cease ongoing consensual activity at any time. Refusal to consent does not have to be verbal; it can be expressed with clear gestures, body language or attitude. Prior sexual history between the Complainant and Respondent, by itself, does not constitute Consent, nor does consenting to sexual activity with one person imply consent to sexual activity with another person.

  1. Consent is not freely given if:
    1. It is obtained through the use of force, through the fear of or the threat of force, through the abuse of a power position over another (such as employment status or position within an organization) or by kidnap; or
    2. A reasonable person, in the position of the alleged perpetrator at the time the alleged conduct occurred, should have known that the other person was unable to give consent for any of the following reasons:
  2. The individual is unable to make an informed decision as a result of the use of alcohol, drugs or other substances (including but not limited to predatory drugs or prescribed medications); or
  3. The individual is unable to consciously respond for whatever reason including lack of consciousness, sleep, illness or shock; or
  4. The individual is under the age of eighteen and therefore legally incapable of giving consent; or
  5. The individual is known by reason of impairment, mental condition or developmental or physical disability to be reasonably unable to consent.
  6. The individual has acted or spoken in a manner which expresses a lack of consent or a refusal to consent.

Domestic Violence

In accordance with the reauthorization of the Violence Against Women Act, Domestic Violence is defined as a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabited with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under California law or by any other person against an adult or youth victim who is protected from that person’s acts under California law.

Dating Violence

For purposes of this policy and in accordance with the reauthorization of the Violence Against Women Act, Dating Violence is defined as violence committed by a person:

  1. Who is or has been in a social relationship of a romantic or intimate nature with the victim; and
  2. Where the existence of such a relationship shall be determined by the victim with consideration of the following factors:
    1. The length of the relationship.
    2. The type of the relationship.
    3. The frequency of interaction between the persons involved in the relationship.
  3. The existence of a social relationship is based on the “Complainant’s statement” with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved. Dating violence does not include acts covered by the definition of domestic violence.

Dating Violence includes sexual or physical abuse or the threat of such abuse.

Stalking

In accordance with the reauthorization of the Violence Against Women Act, Stalking means engaging in a course of conduct directed at a specific person(s) that would cause a reasonable person under similar circumstances and with similar identities to the Complainant to fear for his or her safety or the safety of others; or suffer substantial emotional distress.

Complainant

The individual(s) who file(s) a Student Conduct Code complaint with the University. In some instances the University may serve as a Complainant.

Hostile Environment

Any situation in which there is harassing conduct that is sufficiently severe, pervasive and objectively offensive that it limits, interferes with or denies educational benefits or opportunities, from both a subjective (the Complainant’s) and an objective (reasonable person’s) viewpoint.

Preponderance of the Evidence

Preponderance of evidence means such evidence as when weighed with that opposed to it has more convincing force and the greater probability of truth.

Respondent

The individual(s) against whom a Student Conduct Code complaint is made.

Retaliation

Any adverse non-permitted action taken in response to an action or injury by another party towards the actor or by the actor on account of actions toward a third party.