Sex discrimination is an adverse action taken against an individual because of sex, including sexual harassment, sexual violence, domestic violence, dating violence, and stalking, as prohibited by Title IX, Title IV, VAWA/Campus SaVE Act, and other laws and regulations. Both men and women can be victims of sex discrimination.
Sexual harassment is any unwelcome conduct of a sexual nature. This includes unwelcome verbal, nonverbal or physical conduct including but not limited to unwelcome sexual advances; requests for sexual favors; and other verbal, nonverbal, or physical conduct of a sexual nature, such as sexual violence, sexual advances, requests for sexual favors, and indecent exposure, where:
- Submission to, or rejection of, the conduct is explicitly or implicitly used as the basis for any decision affecting a student’s academic status or progress, or access to benefits and services, honors, programs, or activities available at or through Marygrove; or
- Submission to, or rejection of, the conduct is explicitly or implicitly used as the basis for any decision affecting a term or condition of employment, or an employment decision or action; or
- Such conduct is sufficiently severe or pervasive to create a hostile educational or employment environment.
Sexual harassment also includes acts of verbal, non-verbal (e.g., written) and physical aggression, intimidation or hostility based on sex or gender stereotyping, even if these acts are not sexual in nature.
Domestic Violence is a form of sexual violence and means abuse committed against an individual by: (1) his/her current or former spouse; (2) his/her current or former cohabitant; (3) someone in a past or present dating or sexual relationship; (4) a relative and (5) any other person similarly situated under Michigan’s domestic violence law. Generally, domestic violence means causing or attempting to cause physical or mental harm, placing the individual in fear of mental or physical harm, causing or attempting to cause them to engage in involuntary sexual activity by force, threat of force, or duress.
Sexual Violence is a form of sexual harassment and means physical sexual acts, such as unwelcome sexual touching, sexual assault, sexual battery, rape, domestic violence, dating violence, and stalking (if based on sex), taken against an individual against his or her will and without consent or against an individual who is incapable of giving consent due to the use of drugs or alcohol, being a minor, or an intellectual or other disability. Sexual violence includes acts of physical force, violence, threats, and intimidation, ignoring the objections of the other person, causing the other person’s intoxication or incapacitation through drugs or alcohol, or taking advantage of another person’s incapacitation, including voluntary drug or alcohol intoxication.
Sexual violence can be carried out by College employees, other students, or third parties. All such acts of sexual violence are forms of sex discrimination prohibited by Title IX. Both men and women can be victims of sexual violence.
Incapacitated means the victim is temporarily incapable of appraising or controlling his/her conduct due to the influence of a narcotic, anesthetic or other substance administered without consent or due to any other act committed upon the victim without consent.
Statutory rape is unlawful sexual intercourse with a minor under 18 years old, even if the intercourse is consensual. Under Michigan law, individuals under age 16 cannot consent to conduct of a sexual nature, and individuals under age 18 cannot consent to conduct of a sexual nature by a teacher, a substitute teacher, or a College employee, contractual service provider, or administrator.
Sexual Assault is a form of sexual violence and means (1) forcing or coercing an individual to engage in any non-consensual sexual contact or sexual penetration; or (2) an attempt to commit an unlawful act that places another person in reasonable apprehension of immediate, non-consensual physical contact for sexual purposes.
Sexual Battery is a form of sexual violence and means an intentional, unconsented to and harmful or offensive touching of the person of another, or of something closely connected with the person, for sexual purposes.
Rape is a form of sexual violence that may or may not involve force or a threat of force, coercion, violence, or immediate bodily injury, threats of future retaliation, or duress. Rape means nonconsensual sexual intercourse or sexual penetration. Sexual acts are considered non-consensual when they involve a person who is incapable of giving consent because s/he is incapacitated from alcohol and/or drugs, is under 18 years old, or due to a mental or physical disability is incapable of giving consent.Acquaintance or Dating Violence is a form of sexual violence committed by an individual known to the victim. This includes a person the victim may have just met, such as at a party, been introduced to through a friend, or met on a social networking website. It also includes individuals who are or have been in a romantic or intimate relationship with the complainant. Whether a romantic or intimate relationship existed will be determined by the length, type and frequency of the interaction.
Consent means an informed and conscious decision by each participant to engage in mutually agreed-upon sexual activity. Once consent is withdrawn or revoked, the sexual activity must stop immediately.
- Consent must be voluntary and given without coercion, force, threats, or intimidation.
- Consent can be withdrawn or revoked. Consent to one form of sexual activity (or one sexual act) does not constitute consent to other forms of sexual activity (or other sexual acts). Consent to sexual activity given on one occasion does not constitute consent to sexual activity on another occasion. The fact that two people are or were in a dating or sexual relationship does not constitute consent to engage in sexual activity.
- Consent cannot be given by a person who is incapacitated. A person cannot give consent if s/he is unconscious or coming in and out of consciousness. Whether an intoxicated person (as a result of using alcohol or other drugs) is incapacitated depends on the extent to which the person’s decision-making capacity, awareness of consequences, and ability to make fully informed judgments is impaired.
- Being intoxicated by drugs or alcohol does not diminish a person’s responsibility to obtain consent from the other party before engaging in sexual activity. Factors to be considered when determining culpability include whether the person knew, or whether a reasonable person in the accused’s position should have known, that the victim could not give, did not give, or revoked, consent; was incapacitated; or was otherwise incapable of giving consent.
Dating violence is a form of sexual violence, and is abuse committed by a person who is or has been in a social or dating relationship of a romantic or intimate nature with the victim. This may include a new acquaintance or person the complainant just met; i.e., at a party, introduced through a friend, or on a social networking website.
Stalking means a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others, or suffer substantial emotional distress. Generally, a “course of conduct” means two or more acts, including but not limited to acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
Hostile Educational Environment. Harassment creates a hostile environment when the conduct is sufficiently severe, pervasive, or persistent to interfere with or limit a student’s ability to participate in or benefit from the services, activities, or opportunities offered by the educational institution.