Sexual Misconduct Policy

Sexual Misconduct Policy

Consistent with Loyola’s mission and identity, the University maintains the highest standards for respectful sexual interactions between consenting individuals. Although Illinois law defines various violent and/or non-consensual sexual acts as crimes, for the purposes of the Comprehensive Policy, Loyola applies its own definitions and standards for the various ways in which sexual and/or gender-based misconduct are prohibited.

When allegations of sexual misconduct meet the definitional and jurisdictional requirements of Title IX sexual harassment, the requirements for Grievance Process complaints and the Grievance Process will apply, and a different set of policy definitions will be most relevant.

Certain forms of sexual misconduct are among the most harmful violations that any individual can undertake against the safety and dignity of our University community; the University therefore reserves the right to impose any level of assigned outcome, up to and including suspension or expulsion/termination, for any sexual violation based on the facts and circumstances of the particular case.

Acts of sexual misconduct may be committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity or expression of those involved. Specific violations include:

1.    Non-Consensual Sexual Penetration

Non-consensual sexual penetration is defined as:

• any sexual penetration or attempted penetration,
• however slight,
• with any body part or object
• by a person upon another person
• that is without consent and/or by force.

Sexual penetration includes vaginal or anal penetration or oral copulation (genital to mouth contact) no matter how slight the penetration.

2.    Non-Consensual Sexual Contact

Non-consensual sexual contact is defined as:

• any intentional sexual touching,
• however slight,
• with any body part or object
• by a person upon another person
• that is without consent and/or by force.

Sexual touching includes intentional contact with the breasts, groin, buttocks or genitals; or touching another with any of these body parts; or making someone touch another or themselves with or on any of these body parts; or any other bodily contact made in a sexual manner.

3.    Sexual Harassment

Sexual harassment is broadly defined as:

• unwelcome and objectively offensive,
• sexual,
• verbal, written, online, and/or physical conduct.

Sexual harassment occurs without regard to the respondent’s intent and is based on the totality of the circumstances. Loyola may remedy any form of sexual harassment when substantiated, whether or not the behavior constitutes quid pro quo or hostile environment sexual harassment.

a.    Quid Pro Quo Sexual Harassment

Quid pro quo sexual harassment is defined as:

• unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature,
• by a person having power or authority over another,
• when submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic status or participation in other University programs or activities, or
• when submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions adversely affecting the individual.

b.    Hostile Environment Sexual Harassment

A hostile environment is created when sexual harassment is

• severe or persistent or pervasive, such that it
• unreasonably interferes with, denies, or limits an individual’s or group’s ability to participate in or benefit from the University’s educational, employment, residential, or social program.

Unwelcomeness and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances. Other forms of sexual misconduct (as defined in Article 1, subsection VIII(B) of the Comprehensive Policy), when substantiated, may be considered in determining whether the sexual misconduct also contributed to a hostile environment.

c.     Title IX Sexual Harassment

In certain circumstances specifically defined under Title IX, some allegations of sexual harassment (including some instances of quid pro quo sexual harassment, hostile environment sexual harassment, sexual assault, dating violence, domestic violence, and stalking, as defined by law) may constitute Title IX sexual harassment. The definitions of each of these prohibited behaviors can be found here.

For the purpose of addressing complaints of Title IX sexual harassment, the University must comply with a specific, prescribed administrative process, which is provided for in the Comprehensive Policy as the Grievance Process. The Grievance Process will be followed for all complaints of Title IX sexual harassment.

All other reports and complaints of “non-Title IX” sexual harassment may be addressed according to the Equitable Resolution Procedures ("ERP").

4.    Sexual Exploitation

Sexual exploitation refers to behavior wherein a person takes non-consensual or harmful sexual advantage of another and the behavior does not otherwise fall within the definitions of non-consensual sexual penetration, non-consensual sexual contact, or sexual harassment. Examples of sexual exploitation include, but are not limited to, the following:

• Sexual voyeurism (such as watching a person undressing, using the bathroom, or engaging in sexual acts without the consent of all persons observed).
• Taking pictures or video or audio recording another in a sexual act or in other private activity without the consent of all involved, or exceeding the boundaries of consent (such as disseminating otherwise consensual sexual pictures without the photographed person’s consent).
• Prostitution of oneself or others.
• Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually transmitted disease or infection without first disclosing the infection.
• Administering alcohol or drugs (such as “date rape” drugs) to another person without the other person’s knowledge or consent and with the intent of taking sexual advantage of them.
• Exposing one’s genitals or breasts (“flashing”) in non-consensual circumstances.

5.    Intimate Partner and/or Domestic Violence

Intimate partner and/or domestic violence (“IP/DV”) is defined as any act of violence or threatened act of violence against someone in a past or present intimate, familial, or household relationship, excluding violence that occurs between roommates. IP/DV may include, but is not limited to, physical violence, emotional abuse, economic abuse, property damage, and other forms of sexual violence. IP/DV may consist of one act of misconduct or an ongoing pattern of behavior.

6.    Stalking

Stalking is defined as an unwanted course of conduct (two or more acts) directed at a specific person that would cause a reasonable person to feel fear for their safety or the safety of others or to suffer substantial emotional distress. Though stalking is usually considered a gender-based offense, stalking is prohibited even when the affected party was targeted because of membership in a protected class or was targeted for some other reason.

In instances where stalking is found not to have been motivated by an individual’s membership in a protected class, the report may be referred elsewhere to be investigated and/or adjudicated under other University policies (such as the Community Standards for student respondents) as applicable.

Important Concepts

The following concepts are integral to understanding the Comprehensive Policy.