160
(b)
Sexual intimidation.
The term "sexual intimidation" incorporates the definition of
"sexual harassment" and means threatening or emotionally distressing conduct based on
sex including, but not limited to, nonconsensual recording of sexual activity or the
distribution of such recording.
(c)
Sexual violence.
The term "sexual violence" incorporates the definition of "sexual
harassment" and means a physical sexual act perpetrated without clear, knowing, and
voluntary consent, such as committing a sexual act against a person's will, exceeding the
scope of consent, or where the person is incapable of giving consent, including rape,
sexual assault, sexual battery, sexual coercion, sexual exploitation, or gender- or sex-
based stalking. The term further includes acts of dating or domestic violence. A person
may be incapable of giving consent by reason of age, threat or intimidation, lack of
opportunity to object, disability, drug or alcohol consumption, or other cause.
(14)
Harassment.
Unwelcome and offensive conduct, including verbal, nonverbal, or
physical conduct, that is directed at a person because of such person's protected status and
that is sufficiently serious as to deny or limit, and that does deny or limit, the ability of a
student to participate in or benefit from the college's educational program or that creates
an intimidating, hostile, or offensive environment for other campus community members.
Protected status includes a person's race; color; national origin; sensory, mental or
physical disability; use of a service animal; gender, including pregnancy; marital status;
age (40+); religion; creed; genetic information; sexual orientation; gender identity;
veteran's status; or any other legally protected classification. See "Sexual misconduct" for
the definition of "sexual harassment." Harassing conduct may include, but is not limited
to, physical conduct, verbal, written, social media and electronic communications.
(15)
Retaliation.
Retaliation against any individual for reporting, providing information,
exercising one's rights or responsibilities, or otherwise being involved in the process of
responding to, investigating, or addressing allegations or violations of federal, state or
local law, or college policies including, but not limited to, student conduct code
provisions prohibiting discrimination and harassment. Retaliation is considered a separate
offense, regardless of the outcome of the original complaint.
(16)
Misuse of electronic resources.
Theft or other misuse of computer time or other
electronic information resources of the college. Such misuse includes, but is not limited
to:
(a) Unauthorized use of such resources or opening of a file, message, or other item;
(b) Unauthorized duplication, transfer, or distribution of a computer program, file,
message, or other item;
(c) Unauthorized use or distribution of someone else's password or other identification;
(d) Use of such time or resources to interfere with someone else's work;
(e) Use of such time or resources to send, display, or print an obscene or abusive
message, text, or image;
(f) Use of such time or resources to interfere with normal operation of the college's
computing system or other electronic information resources;
(g) Use of such time or resources in violation of applicable copyright or other law;
(h) Adding to or otherwise altering the infrastructure of the college's electronic
information resources without authorization; or
(i) Failure to comply with the college's electronic use policy.
(17)
Unauthorized access.
Unauthorized possession, duplication, or other use of a key,
keycard, or other restricted means of access to college property, or unauthorized entry
onto or into college property.
(18)
Safety violations.
Safety violations include any non-accidental conduct that
interferes with or otherwise compromises any college policy, equipment, or procedure
relating to the safety and security of the campus community, including tampering with
fire safety equipment and triggering false alarms or other emergency response systems.
(19)
Violation of other laws or policies.
Violation of any federal, state, or local law,
rule, or regulation or other college rules or policies, including college traffic and parking
rules.
(20)
Ethical violation.
The breach of any generally recognized and published code of
ethics or standards of professional practice that governs the conduct of a particular
profession for which the student is taking a course or is pursuing as an educational goal
or major.
