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You have the right, and can expect, to have incidents of sexual misconduct taken seriously by the University when formally reported, and to have those incidents investigated and properly resolved through administrative procedures.Formal reporting still affords privacy to the reporter, and only a small group of officials who need to know will be told.On campus, some resources may maintain confidentiality, offering options and advice without any obligation to inform an outside agency or individual unless you have requested information to be shared.Other resources exist for you to report crimes and policy violations and these resources will take action when you report victimization to them.These circumstances could include, but are not limited to: • The frequency of the speech or conduct; • The nature and severity of the speech or conduct; • Whether the conduct was physically threatening; • Whether the speech or conduct was humiliating; • The effect of the speech or conduct on the alleged victim’s mental and/or emotional state; • Whether the speech or conduct was directed at more than one person; • Whether the speech or conduct arose in the context of other discriminatory conduct; • Whether the speech or conduct unreasonably interfered with the alleged victim’s educational or work performance; • Whether a statement is a mere utterance of an epithet which engenders offense in an employee or a student or offends by mere discourtesy or rudeness; and/or • Whether the speech or conduct deserves the protections of academic freedom. sexual harassment exists when there are unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature where submission to, or rejection of, such conduct results in educational or employment action.b) Taking nonconsensual or abusive sexual advantage of another for one’s own advantage or benefit, or to benefit a person other than the one being exploited.
Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.h) exists when an individual harasses, intimidates or takes other adverse actions against a person because of the person’s participation in an investigation of discrimination or sexual misconduct or their support of someone involved in an investigation of discrimination or sexual misconduct.Finally, there is a difference between seduction and coercion; coercion is defined in this policy as unreasonably pressuring another person for sex.Coercing someone into engaging in sexual activity violates this policy in the same way as physically forcing someone into engaging in sexual activity.A partial list of Midwestern State University sexual misconduct policy violations is listed below.a) Gender-based verbal or physical conduct that has the effect of unreasonably interfering with an individual’s work or academic performance or creates an intimidating, hostile or offensive working or educational environment. includes situations in which there is harassing conduct that is sufficiently severe, pervasive/persistent and objectively offensive so that it alters the conditions of education or employment, from both a subjective (the alleged victim’s) and objective (a reasonable person’s) viewpoint.The determination of whether an environment is “hostile” must be based on all the circumstances.