The glossary of terms is compiled from UWS Administrative Code Chapters 4, 7, 11, and 17. definitions for sexual assault, dating violence, domestic violence, and stalking align with the definitions from the federal Clery and Violence Against Women Acts.
"Dating violence" means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
“Domestic violence" means felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant under the domestic or family violence laws of Wisconsin, or by any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of Wisconsin as per ss. 813.12(1)(am) and 968.075, Stats.
“Sexual assault" means an offense that meets any of the following definitions found in 20 U.S.C. 1092(f)(6)(A)(v), 34 CFR 668.46(a):
(a) “Rape” means 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 the complainant, without the consent of the complainant.
(b) “Fondling” means the touching of the private body parts of the complainant for the purpose of sexual gratification, without the consent of the complainant, including instances where the complainant is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.
(c) “Incest” means sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law as per s. 944.06, Stats.
(d) “Statutory Rape” means sexual intercourse with a complainant who is under the statutory age of consent as per 948.02, Stats.
"Sexual Exploitation" means an individual attempts, takes, or threatens to take nonconsensual sexual advantage of another person. Examples include, but are not limited to:
- Any of the following without the knowledge and consent of all participants:
- observing, recording, or photographing private body parts or sexual activity of one or more persons
- allowing another person to observe, record, or photograph sexual activity or private body parts of one or more persons
- otherwise distributing recordings, photographs, or other images of the same of one or more persons
- Masturbating, touching one’s genitals, or exposing one’s genitals in another person’s presence without the consent of that person, or inducing another person to do the same.
- Dishonesty or deception regarding the use of contraceptives or condoms during the course of sexual contact or sexual intercourse
- Inducing incapacitation through deception for the purpose of making another person vulnerable to non-consensual sexual activity
- Coercing another person to engage in sexual activity for money or anything of value
- Threatening distribution of any of the following, to coerce someone into sexual activity or providing money or anything of value:
- Photos, videos, or recordings depicting private body parts or sexual activity of one or more persons
- Other information of a sexual nature (for example, may include but is not limited to, sexual history or sexual orientation).
"Sexual harassment" means conduct on the basis of sex that satisfies any of the following:
(a)Quid Pro Quo
- An employee of the institution conditions the provision of an aid, benefit, or service of the institution directly or indirectly on an individual’s participation in unwelcome sexual conduct; or
- An employee of the institution either explicitly or implicitly conditions the provision of an academic, professional, or employment-related opportunity, aid, benefit, or service on an individual’s participation in unwelcome sexual conduct
(b) Hostile Environment
- Unwelcome conduct of a sexual nature directed towards a student, an employee, or a person participating in a program or activity of the university that, when using the legal “reasonable person” standard is so severe, pervasive, and objectively offensive that it effectively denies the person equal access to the institution’s education program or activity; or
- Unwelcome conduct of a sexual nature directed towards an individual that, when using the legal “reasonable person” standard is so severe or pervasive and objectively offensive that it has the purpose or effect of unreasonably interfering with an individual’s academic or work performance or participation in an university sponsored or supported activity.
“Consent” means words or overt actions by a person who is competent to give informed consent, indicating a freely given agreement to engage in sexual activity or other activity referenced in the definitions of sexual assault and sexual exploitation in this section. A person is unable to give consent if the person is incapacitated because of drugs, alcohol, physical or intellectual disability, or unconsciousness.
“Incapacitation” means the state of being unable to physically and/or mentally make informed rational judgments and effectively communicate, and may include unconsciousness, sleep, or blackouts, and may result from the use of alcohol or other drugs. Where alcohol or other drugs are involved, evaluation of incapacitation requires an assessment of how the consumption of alcohol and/or drugs affects a person’s decision-making ability; awareness of consequences; ability to make informed, rational judgments; capacity to appreciate the nature and quality of the act; or level of consciousness. The assessment is based on objectively and reasonably apparent indications of incapacitation when viewed from the perspective of a sober, reasonable person.
"Sex Discrimination" means discrimination on the basis of sex or gender. Sexual harassment and sexual assault are forms of sex discrimination. [See 20 USC §§ 1681-1688]
"Retaliation" means Intimidation, threats, coercion, or discrimination against any individual for the purpose of interfering with any right or privilege secured in, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under Regent Policy Document 14-2.