Important Definitions

Sexual misconduct is an action or course of actions that violates the rights of others, and demonstrates flagrant disregard for the principles of this community. La Salle seeks to prevent all forms of sexual misconduct, and desires to establish and maintain a safe and healthy environment for all members of the community through sexual misconduct prevention, education, support, and a fair adjudication process. La Salle is unwavering in its commitment to support survivors of sexual violence, to respond promptly to reports of any type of sexual misconduct, and to investigate and adjudicate reports in a manner that is fair and equitable to all parties involved. Because we know the needs of our community are ever-changing, La Salle is also committed to continually assessing and improving its policies, prevention initiatives, and educational programs based on input from the campus community, best practices at other institutions, and regulatory guidance.

Sexual Assault

Sexual assault may be rape, fondling without consent, incest, or statutory rape, or an attempt at any of them, as defined below. Sexual assault can be committed by any person against any other person, regardless of gender, gender identity, sexual orientation, or past or current relationship status. Sexual assault may occur with or without physical resistance or violence. Sexual assault can range anywhere from unwanted touching of a sexual nature to rape (unwanted penetration/sexual intercourse).

Intimate Partner Violence (IPV)

includes both Dating Violence and Domestic Violence — both involve physical abuse, sexual abuse, or threats of such abuse in the confines of an intimate relationship — be it romantic, familial, or within the same household. Dating violence occurs between two current or former romantic partners who are not necessarily living together. Domestic Violence is more common between romantic partners or family members that are living together — this is less common at La Salle.

Stalking

is defined as engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others; or suffer substantial emotional distress.

  • “Course of conduct” means two or more acts, including, but not limited to, acts in which the alleged 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.
  • “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the person subjected to the stalking.
  • “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Sexual Exploitation

Sexual exploitation occurs when a person takes sexual advantage of another person for the benefit of anyone other than that other person without that other person’s consent. Examples of behavior that could constitute sexual exploitation include but are not limited to the following:

  • Prostitution paying another person to have sex or getting paid to have sex with another person
  • Recording or capturing through any means images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nudity without that person’s consent;
    • placing recording devices in another person’s room (unbeknownst to that party) to capture sexual activity between him and his sexual partner
    • walking into an opposite-gender bathroom and maneuvering a cell phone underneath or into a stall to take pictures of another person
  • Viewing or distributing images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nudity, if the individual distributing the images or audio knows or should have known that the person(s) depicted in the images or audio did not consent to such disclosure
    • revenge porn — after the breakup of a romantic partnership, distribute intimate pictures taken of one’s partner

Consent

  1. Consent means words or actions, freely and actively given by each party, which a reasonable person would interpret as a willingness to participate in agreed-upon sexual conduct.
  2. Consent is not present or valid when:
    1. a person is incapable of giving consent because they are incapacitated by drugs or alcohol;
    2. when intimidation, threats, physical force, or other actions that a reasonable person in that person’s circumstances would consider coercive are applied;
    3. when that person is placed in fear that any person will suffer imminent bodily injury;
  3. Silence, non-communication, or a lack of resistance does not necessarily imply consent. Remember this: “The absence of ‘no’ does not equal the presence of ‘yes.’” 
  4. Previous relationships or consent do not imply consent to future sexual conduct.  Consent to one form of sexual activity does not imply consent to other forms of sexual activity.  Consent can be rescinded at any time.
  5. The use of alcohol or drugs does not minimize or excuse a person’s responsibility for committing sexual misconduct, or that person’s responsibility for determining whether another is capable of giving consent.