LINCOLN UNIVERSITY TITLE IX POLICY DEFINTIONS
Click on the links below to read more information on each definition
Coercion: is conduct, including intimidation and express or implied threats of immediate or future physical, emotional, reputational, financial, or other harm to the complainant or others, that would reasonably place an individual in fear, and that is employed to compel someone to engage in sexual activity.
Consent: is a knowing, voluntary, and affirmatively communicated willingness to participate in a particular sexual activity or behavior.
Consent or lack of consent may be expressed or implied
Consent cannot be given by:
a person who has a been incapacitated by mental disability, alcohol, drugs, or any other reason is manifestly unable or known by someone to be unable to make a reasonable judgment about consent (e.g., a person is asleep or unconscious).
a person under force, threat, duress, coercion, or deception;
a person under the legal age of consent in Missouri (currently under17 years of age)
"No" means "No"
"Yes" or "No" can be expressed or implied (can be given verbally or by actions)
"Yes" means "No" if conditions 2a, 2b, or 2c listed above exist
Individuals that engage in sexual activity or behavior must understand that:
consent must be mutually understood:
past consent does not imply future consent;
silence or an absence of resistance does not imply consent;
consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another;
consent to engage in one form of sexual activity does not imply consent to engage in other forms of sexual activity; and
consent can be withdrawn at any time
Dating Violence: is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim (Dating Violence = Domestic Violence in Mo statutes 455.010 RSMo.).
The existence of such a relationship shall be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
For the purpose of this definition-
Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
Dating violence does not include acts covered under the definition of domestic violence.
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 cohabitated with the victim as a spouse or intimate partner;
By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or
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.
Gender: describes the characteristics that a society or culture delineates as masculine or feminine.
Gender-Based Discrimination: is conduct that interferes with an individual's employment or educational performance and has the purpose or effect of denying or limiting an individual's ability to participate in or benefit from the school's programs based on a person's gender. Gender discrimination includes sex equity, sexual harassment, sexual violence, sexual exploitation, sexual intimidation, domestic violence, dating violence, and stalking.
Examples of Gender-Based Discrimination
Gender discrimination can be carried out by a boyfriend or girlfriend, a date, other kids, or adults. If someone does any of the following to you because of gender or sex, it may constitute gender-based violence or harassment.
It could be gender-based discrimination if someone:
- follows you around, always wants to know where you are and who you are with, or stalks you
- pressures you to perform sexual acts
- touches you sexually against your will
- forces you to have sex
- interferes with your birth control
- verbally abuses you using anti-gay or sex-based insults
- sends you repeated and unwanted texts, IMs, online messages, and/or phone calls that harass you
- hits, punches, kicks, slaps, or chokes you
- verbally or physically threatens you
Gender-Based harassment: is unwelcome conduct of a nonsexual nature based on a student's actual or perceived sex, including conduct based on gender identity, gender expression, and nonconformity with gender stereotypes.
Incapacitation: the physical or mental condition, temporary or permanent, in which a person is unconscious, unable to appraise the nature of such person's conduct, or unable to communicate unwillingness to an act (RSMo. 556.061(13))
Retaliation: any adverse actions (by an organization or any individual) against another individual that has engaged in protected activities in the context of this document. Examples include intimidating, threatening, coercing, or in any way discriminating against an individual because of the individual's complaint or participation in a Title IX grievance process.
Sex: refers to biological differences; chromosomes, hormonal profiles, internal and external sex organs.
Sex Discrimination: is conduct that interferes with an individual's employment or educational performance and has the purpose or effect of denying or limiting an individual's ability to participate in or benefit from the school's programs. Sexual discrimination includes sex equity, sexual harassment, sexual violence, sexual exploitation, sexual intimidation, domestic violence, dating violence, and stalking.
Sex Equity: is discrimination on the basis of sex or gender in admission to, participation or employment in education programs or activities; and equitable opportunities to participate in intercollegiate sports offered to members of each gender such as athletics financial assistance, equivalence in other athletics benefits and opportunities, and effective accommodation of interests and abilities to participate.
Sexual Exploitation: is a form of sexual harassment which occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own benefit, or to benefit anyone other than the one being exploited.
Examples of sexual exploitation include, but are not limited to:
- engaging in voyeurism;
- forwarding of pornographic or other sexually inappropriate material via email or other channels to non-consenting students/groups; and
- any activity that goes beyond the boundaries of consent, such as recording of sexual activity, letting others watch consensual sex, or knowingly transmitting a sexually transmitted disease (STD), including HIV, to another
Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal, physical, or visual conduct of a sexual nature constitutes sexual harassment when it falls under the categories of "Quid Pro Quo" or a "Hostile Environment". Sexual harassment can be committed by or against an individual of any sex, gender identity, gender expression or sexual orientation.
In assessing whether a particular act constitutes sexual harassment, the standard shall be the perspective of a reasonable person within the Lincoln University community. The rules of common sense and reason shall prevail. Allegations of sexual harassment shall be judged with attention to the facts particular to the case and the context in which the alleged incident(s) occurred. The behavior does not need to be directed at or to a specific person, but may be generalized unwelcomed comments based on sex or gender stereotypes.
Sexual harassment can occur between equals (e.g., student to student, staff to staff, faculty member to faculty member) or between persons of unequal power status (e.g., supervisor to subordinate, faculty member to student, coach to student athlete, graduate student to undergraduate student, student leader to first-year student). Although most often committed by persons with greater power against those who appear to have less power, it can also be committed by a person with less power (e.g., student harassing faculty member).
TYPES OF SEXUAL HARASSMENT
Quid Pro Quo (like for like)
Behavior that involves express or implied demands for sexual favors in exchange for some benefit (a promotion, a raise, a good grade or recommendation) or to avoid some detriment (termination, demotion, a failing grade, denial of a fellowship) in the workplace or in the classroom. By definition, it can only be perpetrated by someone in a position of power over another. Because the University, as the employer, has given supervisory power to the harasser, one instance of "quid pro quo harassment" is enough to result in liability. This is true even if the University had no knowledge of the behavior.
Quid pro quo harassment may be as undisguised as a direct solicitation ("sleep with me or else..."). It may take the form of more oblique sexual propositions or dating invitations ("discuss your project over a glass of wine at my house,"). The law does not require a showing that the supervisor actually made good on his or her demands or insinuations to impose liability.
Such conduct creates a working or learning environment which interferes with a person's ability to function normally without intimidation, fear, or sexually harassing behaviors. A hostile environment is an environment that is sufficiently serious to deny or limit a student's ability to participate in or benefit from the school's program or employment.
Examples of sexual conduct that creates a "Hostile Environment" include:
- making sexual propositions or pressuring individuals for sexual favors;
- touching of a sexual nature;
- writing graffiti of a sexual nature;
- displaying or distributing sexually explicit drawings, pictures, or written materials;
- performing sexual gestures or touching oneself sexually in front of others;
- telling sexual or dirty jokes;
- spreading sexual rumors or rating other individuals as to sexual activity or performance;
- circulating or showing e-mails or Web sites of a sexual nature;
- sexual exploitation, intimidation, violence; and
- domestic violence, dating violence, and stalking
Sexual Violence: is a form of prohibited sexual harassment. Sexual violence includes physical sexual acts perpetrated against a person's will or where a person is incapable of giving consent because of his or her temporary or permanent mental or physical incapacity or because of his or her youth.
Examples of Sexual Violence:
Rape - The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
Sodomy - Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
Sexual Assault With An Object - The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity (Please note that a finger or hand is also considered an object).
Fondling - The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
Incest - Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Statutory Rape - Non-forcible sexual intercourse with a person who is under the statutory age of consent.
Sexual Intimidation: a form of sexual harassment consisting of conduct in which an individual threatens to sexually assault another person, stalks someone (including cyber-stalking), or engages in indecent exposure.
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.
For the purpose of this definition –
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.
Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
Please Review the "Missouri Sexual Offenses & VAWA Crimes Tables" for more information crimes of sexual violence, domestic violence, dating violence and stalking.
Conduct is considered "unwelcome" if the student did not request or invite it and considered the conduct to be undesirable or offensive.
Unwelcome conduct may take various forms, including, name-calling, graphic or written statements (including the use of cell phones or the Internet), or other conduct that may be physically threatening, harmful, or humiliating. Unwelcome conduct does not have to include intent to harm, be directed at a specific target, or involve repeated incidents. Unwelcome conduct can involve persons of the same or opposite sex.
Participation in the conduct or the failure to complain does not always mean that the conduct was welcome. The fact that a student may have welcomed some conduct does not necessarily mean that a student welcomed other conduct. Also, the fact that a student requested or invited conduct on one occasion does not mean that the conduct is welcome on a subsequent occasion.