Spelman College | 2016-2017 Student Guide - page 64

Sexual Assault.
The oral, anal, or vaginal penetration by a sexual organ of another or anal/vaginal
penetration by any means against the victim’s will or without his/her consent. An individual who is
mentally incapacitated, unconscious, or unaware that the sexual assault is occurring is considered
unable to give consent. The type of force employed may involve physical force, coercion, intentional
impairment of an individual’s ability to appraise the situation through the administering of any
substance, or threat of harm to the victim.
Sexual Misconduct.
Sexual misconduct is non-consensual, intentional physical conduct of a sexual
nature. Lack of consent may be inferred from the use of force, threat, physical intimidation, or
advantage gained by the victim’s mental or physical incapacity or impairment of which the perpetrator
was aware or should have been aware.
Sexual Harassment.
Sexual harassment is unwelcomed sexual advances, requests for sexual
favors, and/or other verbal or physical conduct of a sexual nature which is made either explicitly or
implicitly as a term or condition of an individual’s employment, academic advancement, or ability to
participate in or benefit from the services, activities or privileges provided by the college. While sexual
harassment most often takes place in situations of a power differential between the persons involved,
the College also recognizes that sexual harassment may occur between persons of the same or lower
college status, which includes students creating a hostile environment for a faculty member.
Stalking.
Stalking is any repeated abusive conduct directed specifically at another person that
creates fear for his/her safety, following another person, acts that threaten or intimidate another
person through fear of bodily injury, or harm to property.
Consent
Consent involves knowingly and voluntarily agreeing to engage in sexual activity. Consent must be
freely given and can be withdrawn at any time. Consent is as follows:
A voluntary, sober, creative, wanted, informed, mutual, honest, and verbal agreement.
An active agreement. The absence of "no" does not mean "yes."
Does not involve coercion.
Never implied and cannot be assumed, even in the context of a relationship.
Being in a relationship does not mean that you have permission to have sex with your
partner.
Consent is a process. Consent must be obtained at every phase of the sexual activity.
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