Sexual assault is strictly prohibited by the University. "Sexual assault" is defined as rape or any actual or attempted nonconsensual or forcible sexual touching, including fondling, kissing, groping, attempted intercourse (whether oral, anal or vaginal), penetration or attempted penetration with a digit or any other object. Nonconsensual sexual assault includes those situations in which the victim is unable to consent.
"Rape" is defined as vaginal, anal or oral intercourse without consent, whether the victim is overcome by force, fear, intimidation resulting from threat of force, or by drugs administered without consent, or when the victim is otherwise unable to consent.
Consent requires speech or conduct indicating a freely given agreement to have intercourse or participate in sexual activities. Previous sexual relationships, current relationships with the perpetrator or the use of alcohol and/or drugs may not be taken as an indication of consent. Use of alcohol and/or drugs by the perpetrator is not an excuse for violation of the sexual assault policy.
The term "unable to consent" means 1) unable to understand the circumstances and implications of the sexual advances, 2) unable to make a reasoned decision concerning the sexual advances or 3) unable to communicate that decision in an unambiguous manner. Such a situation can result from illness, the influence of alcohol or some other substance, physical or psychological disabilities, unconsciousness or some other cause.
The University will impose sanctions on individuals who commit sexual assault. In cases involving a student, an interim (immediate) suspension may be imposed, which means the accused cannot attend classes or be on campus until an administrative hearing is held (within 10 days). In other cases, the accused may be permitted to attend classes pending a final recommendation from the director of community and ethical standards. If that recommendation is eviction (from University housing), suspension (from the University) or expulsion (from the University), a hearing will also be held. Among the other disciplinary sanctions that may be imposed are the following: admonition, censure, probation and the restriction of privileges.