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University of South Alabama Student Handbook

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p. Sexual Assault: Sexual assault is any of the following conduct:<br />

● Having carnal knowledge, or attempting to have carnal knowledge, of a<br />

person, without consent of the victim, including instances where the victim<br />

is incapable of giving consent because of age or because of temporary or<br />

permanent mental or physical incapacity. <strong>The</strong>re is “carnal knowledge” if<br />

there is the slightest penetration of the vagina or penis by the sex organ of<br />

the other person.<br />

● Oral or anal sexual intercourse with another person, without the consent of<br />

the victim, including instances where the victim is incapable of giving<br />

consent because of age or because of temporary or permanent mental or<br />

physical incapacity.<br />

● Using an object or instrument to unlawfully penetrate, however slightly,<br />

the genital or anal opening of the body of another person, without the<br />

consent of the victim, including instances where the victim is incapable of<br />

giving consent because of age or because of temporary or permanent<br />

mental or physical incapacity. An “object or instrument” is anything used<br />

by the offender other than the offender’s genitalia.<br />

● <strong>The</strong> touching of the private body parts of another for purposes of sexual<br />

gratification, without consent of the victim, including instances where the<br />

victim is incapable of giving consent because of age or because of<br />

temporary or permanent mental or physical incapacity.<br />

● Sexual intercourse between persons who are related to each other within<br />

the degrees wherein marriage is prohibited by Alabama law.<br />

● Sexual intercourse with a person who is under the statutory age of<br />

consent as defined by Alabama law.<br />

q. Sexual Harassment/ Hostile Environment Sexual Harassment:<br />

Unwelcome conduct of a sexual nature determined by a reasonable person to be<br />

so severe, pervasive, and objectively offensive that it effectively denies a person<br />

access to the University’s education programs and activities. This includes<br />

conduct on the basis of sex that constitutes Quid Pro Quo Sexual Harassment,<br />

Hostile Environment Sexual Harassment, Sexual Assault, Domestic Violence,<br />

Dating Violence, Stalking, or Electronic Stalking.<br />

In determining whether unwelcome conduct of a sexual nature rises to the level<br />

of creating a hostile environment, the University will consider the totality of<br />

circumstances, including, but not limited to, the nature and severity of the<br />

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