Student Handbook - University of Dubuque

2. Assault: Sexual, RapeSexual assault and rape (including acquaintance or date rape) are forms of sexual harassment.Sexual assault and rape include any sexual relations, including intercourse, performed against aperson’s will and without consent. Sexual assault and rape are not legitimate or justifiableexpressions of normal sexual relations.Definition:• Sexual relations or activity performed against the victim’s will and without the victim’sconsent.• Encouragement through the use of drugs or alcohol to become intoxicated or otherwiseunable to give consent for sexual relations.• Use of physical force or threat of physical force to coerce the victim into sexual relations.• Use of emotional manipulation and/or threats to coerce the victim into sexual relations.If a student feels he/she has been a victim of sexual assault or rape at the University of Dubuque,he/she is strongly encouraged to report the incident(s) to a member of the Student Life staff,residence life staff, faculty member, or staff member.3. HarassmentHarassment is any physical abuse or verbal abuse, threats of abuse, intimidation, harassment,coercion, character vilification, provocation, stalking, and/or other conduct that threatens orendangers the health or safety of any person, including racial, sexist, or ethnic slurs or publicdisplays of racist or sexist pictures, cartoons, jokes, written materials or internet (i.e. Facebook,Twitter, My Space, etc.).Speech or other expression constitutes harassment by personal vilification if it:• Is intended to insult or stigmatize an individual or a small number of individuals on the basisof their sex, race, color, handicap, religion, sexual orientation, or national and ethnic origin;• Is addressed directly to the individual or individuals whom it insults or stigmatizes; or• Makes use of insulting or “fighting” words or nonverbal symbols.4. Harassment: SexualSexual harassment is unwanted sexual or gender-based behavior that occurs when one personhas formal or informal power over the other. The three elements to sexual harassment are: 1) Thebehavior is unwanted or unwelcome; 2) The behavior is sexual or related to the gender of theperson; or, 3) The behavior occurs in the context of a relationship where one person has moreformal power than the other (such as a supervisor over an employee or a faculty member over astudent) or more informal power (such as one peer over another).Sexual harassment exists when any of four conditions are met:• Submission to the conduct is made a term or condition, either explicitly or implicitly, ofobtaining education or employment;• Submission to or rejection of the conduct is used as a factor in decisions affecting thatperson’s education or employment;• The conduct has either the purpose or effect of “substantially interfering” with a person’seducation or employment;• The conduct creates an “intimidating, hostile or offensive” educational or work environment.84