Title IX - What Constitutes Sexual Harassment, Sexual Assault, Dating and Domestic Violence, and Stalking?

Definition of Sexual Harassment

Sexual advances, requests for sexual favors, and other verbal, physical, or visual conduct of a sexual nature constitute sexual harassment when:

Submission to such conduct is made or threatened to be made, either explicitly or implicitly, a term or condition of an individual’s employment or education
Submission to or rejection of such conduct by an individual is used or threatened to be used as the basis for academic or employment decisions affecting that individual, or
Such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance or creating what a reasonable person would perceive as an intimidating, hostile, or offensive employment, education, or living environment

Examples of Sexual Harassment

Some examples of sexual harassment include:

Pressure for a dating, romantic, or intimate relationship
Unwelcome touching, kissing, hugging, or massaging
Pressure for sexual activity
Unnecessary references to parts of the body
Sexual innuendos or sexual humor
Obscene gestures
Sexual graffiti, pictures, or posters
Sexually explicit profanity
Asking about, or telling about, sexual fantasies
E-mail and Internet use that violates this policy
Sexual violence/assault (as defined below)

Further examples of sexual harassment may be found in the Frequently Asked Questions.

Sexual Violence/Assault

The Definition of Sexual Violence/Assault

Sexual violence/assault is a form of prohibited sexual harassment. Sexual violence/assault 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/Assault

Some examples of sexual violence/assault include:

Sexual intercourse (anal, oral, or vaginal) by a man or woman upon a man or woman without consent
Unwilling sexual penetration (anal, vaginal, or oral) with any object or body part that is committed by force, threat, or intimidation
Sexual touching with an object or body part, by a man or woman upon a man or woman, without consent
Sexual touching with an object or body part, by a man or woman upon a man or woman, committed by force, threat, or intimidation
Prostituting another student
Non-consensual video or audio-taping of sexual activity
Knowingly transmitting a sexually transmitted disease to another

Further examples of sexual violence/assault may be found in the Frequently Asked Questions.

Definition of Consent

Lack of consent is a critical factor in determining whether sexual violence/assault has occurred. Consent is informed, freely given, and mutually understood. Consent requires an affirmative act or statement by each participant. Consent is not passive.

If coercion, intimidation, threats, and/or physical force are used, there is no consent.
If a person is mentally or physically incapacitated or impaired by alcohol or drugs such that the person cannot understand the fact, nature, or extent of the sexual situation, there is no consent.
If a person is asleep or unconscious, there is no consent.
Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
Consent can be withdrawn. A person who initially consents to sexual activity is deemed not to have consented to any sexual activity that occurs after he or she withdraws consent.

Domestic Violence, Dating Violence, and Stalking

The crimes of Domestic Violence, Dating Violence and Stalking can also constitute sexual harassment when motivated by a person’s sex. These crimes, no matter the motivation behind them, are a violation of this policy.

Domestic Violence

Kan. Stat. Ann. § 21-511 provides the following:

“Domestic violence” means an act or threatened act of violence against a person with whom the offender is involved or has been involved in a dating relationship, or an act or threatened act of violence against a family or household member by a family or household member. Domestic violence also includes any other crime committed against a person or against property, or any municipal ordinance violation against a person or against property, when directed against a person with whom the offender is involved or has been involved in a dating relationship or when directed against a family or household member by a family or household member. For purpose of this definition:

(1) “Dating relationship” means a social relationship of a romantic nature. In addition to any other factors the court deems relevant, the trier of fact may consider the following when making a determination of whether a relationship exists or existed:

Nature of the relationship, length of time the relationship existed, frequency of interaction between the parties and time since termination of the relationship, if applicable.

(2) “Family or household member” means persons 18 years of age or older who are spouses, former spouses, parents or stepparents and children or stepchildren, and person who are presently residing together or have resided together in the past, and persons who have a child in common regardless of whether they have been married or have lived together at any time. Family and household member also includes a man and woman if the woman is pregnant and the man is the alleged father, regardless of whether they have been married or have lived together at any time.

Dating Violence

Dating violence is not specifically defined in the Kansas statutes but it is captured under the definition of Domestic Violence stated above when there is an act or threatened act of violence with whom the offender is involved or has been involved in a dating relationship.

Stalking

Kan. Stat. Ann. § 21-5427 provides the following:

Stalking is:

(1) Recklessly engaging in a course of conduct targeted at a specific person which would cause a reasonable person in the circumstances of the targeted person to fear for such person’s safety, or the safety of a member of such person’s immediate family and the targeted person is actually placed in such fear;

(2) Engaging in a course of conduct targeted at a specific person with knowledge that the course of conduct will place the targeted person in fear for such person’s safety or the safety of a member of such person’s immediate family; or

(3) After being served with, or otherwise provided notice of any protected order…that prohibits contact with a targeted person, recklessly engaging in at least one act listed in subsection (f)(1) that violates the provisions of the order and would cause a reasonable person to fear for such person’s safety, or the safety of a member of such person’s immediate family and the targeted person is actually placed in such fear…

(f) As used in [the definition of stalking]:

(1) “Course of conduct” means two or more acts over a period of time, however short, which evidence a continuity of purpose. A course of conduct shall not include constitutionally protected activity nor conduct that was necessary to accomplish a legitimate purpose independent of making contact with the targeted person. A course of conduct shall include, but not be limited to, any of the following acts or a combination thereof:

(A) Threatening the safety of the targeted person or a member of such person’s immediate family;

(B) Following, approaching or confronting the targeted person or a member of such person’s immediate family;

(C) Appearing in close proximity to, or entering the targeted person’s residence, place of employment, school or other place where such person can be found, or the residence, place of employment or school of a member of such person’s immediate family;

(D) Causing damage to the targeted person’s residence or property or that of a member of such person’s immediate family;

(E) Placing an object on the targeted person’s property or the property of a member of such person’s immediate family, either directly or through a third person;

(F) Causing injury to the targeted person’s pet or a pet belonging to a member of such person’s immediate family;

(G) Any act of communication;

(2) “Communication” means to impart a message by any method of transmission, including, but not limited to: Telephoning, personally delivering, sending or having delivered, any information or material by written or printed note or letter, package, mail, courier service or electronic transmission, including electronic transmissions generated or communicated via a computer

(3) “Computer” means a programmable, electronic device capable of accepting and processing data; …

(5) “Immediate family” means father, mother, stepparent, child, stepchild, sibling, spouse or grandparent of the targeted person; any person residing in the household of the targeted person; or any person involved in an intimate relationship with the targeted person.”