University Prohibited Conduct

The Sexual Misconduct Policy prohibits all forms of sexual misconduct which include:

Sexual Assault
(Rape, Fondling, Statutory Rape, and Incest)
Dating Violence
Domestic Violence
Sexual Exploitation
Stalking
(Title IX Stalking and Stalking)
Sexual Harassment
(Title IX Quid Pro Quo Sexual Harassment and Sexual Harassment)
Hostile Environment
(Title IX Hostile Environment and Hostile Environment)

Sexual assault refers to any attempted or actual sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. This includes:

Rape:

Means any attempted or actual sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. This includes: 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. This offense includes the rape of all persons, and is properly applied regardless of the age of the victim if the victim did not consent or if the victim was incapable of giving consent.

Fondling:

Means any attempted or actual sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. This includes: 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 the victim’s age or because of the victim’s temporary or permanent mental incapacity.

Statutory Rape:

Means any attempted or actual sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. This includes: sexual intercourse with a person who is under the statutory age of consent if the victim consented and the offender did not force or threaten the victim.

Incest:

Dating violence means violence committed by a person, on the basis of sex, who is or has been in a social relationship of a romantic or intimate nature with the victim and/or where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship.

The term domestic violence includes felony or misdemeanor crimes of violence, on the basis of sex, 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 receiving grant monies, 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.

Sexual exploitation means conduct that takes sexual advantage of another person without that person’s consent. Examples of behavior that could rise to the level of sexual exploitation include, but are not limited to: prostituting another person; taking possession of the intimate personal property of another person without that person’s consent; recording images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s consent; distributing images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to such disclosure; and viewing or listening to another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent.

Stalking can include repeatedly following, approaching, contacting, placing under surveillance, or making any form of communication with another person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship.

Title IX Stalking:

Means engaging in a course of conduct, on the basis of sex, directed at a specific person that would cause a reasonable person to—(A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.

Stalking:

Means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—(A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.

Sexual harassment results if one of the following occurs:

Title IX Quid Pro Quo Sexual Harassment:

An employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct.

Quid Pro Quo Sexual Harassment:

A member of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct.

Examples include demanding sexual favors as a term or condition of one's employment or in exchange for an academic benefit, such as a promotion, salary increase, tenure, grant funding, or grades.

Specific examples could be a professor offering a student a better grade in exchange for sexual intercourse, or a supervisor threatening to fire an employee for refusing to go on a date.

Title IX Hostile Environment:

Unwelcome conduct, on the basis of sex, determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity. Mere offensive nonsexual conduct is not enough to create a hostile environment. Although repeated incidents increase the likelihood that harassment has created a hostile environment, a single or isolated incident of sexual assault may be sufficient.

Hostile Environment:

Unwelcome conduct determined by a reasonable person to be so severe, pervasive, or objectively offensive that it effectively denies a person equal access to the University’s education program or activity. Mere offensive nonsexual conduct is not enough to create a hostile environment. Although repeated incidents increase the likelihood that harassment has created a hostile environment, a single or isolated incident of sexual assault may be sufficient.

Unwelcome sexual conduct can include behaviors such as:

Sexual jokes and comments
Sexual innuendos (verbal references or physical gestures)
Displaying sexually explicit material
Staring at another's body

What does the policy mean by "severe", "pervasive", and "objectively offensive?"

For a policy violation to occur, the unwelcome sexual conduct (verbal or physical) will be evaluated based on whether or not the conduct is severe, pervasive, and/or* objectively offensive.

Severity refers to how intimidating or threatening the behavior is.

Pervasiveness refers to how frequently the behavior happens.

Objectively offensive refers to the elements of severity, pervasiveness, and objective offensiveness must be evaluated in light of the known circumstances and depend on the facts of each situation, but must be determined from the perspective of a reasonable person standing in the shoes of the complainant (reporting party). Disseminating “revenge porn,” or conspiring to sexually harass people (such as fraternity members telling new pledges to “score”), or other unwelcome conduct that harms and humiliates a person on the basis of sex may meet the elements including pervasiveness, particularly where the unwelcome sex-based conduct involves widespread dissemination of offensive material or multiple people agreeing to potentially victimize others and taking steps in furtherance of the agreement.

Note*: For a policy violation of sexual misconduct not falling under Title IX to occur, the unwelcome sexual conduct needs to be severe, pervasive, OR objectively offensive. For a Title IX policy violation to occur, the unwelcome sexual conduct needs to be severe, pervasive, AND objectively offensive.

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CU Denver

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Office of Equity

University Prohibited Conduct

Office of Equity

University Prohibited Conduct

How does the policy define Sexual Assault?

How does the policy define Dating Violence?

How does the policy define Domestic Violence?

How does the policy define Sexual Exploitation?

How does the policy define Stalking?

How does the policy define Sexual Harassment and Hostile Environment?

Office of Equity