Gender-Based Violence/Sexual Misconduct
Commonly referenced policies pertaining to gender-based violence are listed below. For a complete list, please refer to the Community Standards.
Alleged violations of these policies are investigated and adjudicated under Loyola's Grievance Process. The Grievance Process is distinct from the process for addressing other student conduct matters, in that it employs an investigative model rather than a hearing model.
201(6) Dating and Domestic Violence (C)
Dating violence is any violence (including but not limited to emotional, physical, sexual, and financial abuse or threat of abuse) between two people who are or have been in a social relationship of a romantic or intimate nature. The existence of such a relationship will depend on the length and type of the relationship and the frequency of interactions between the persons involved. Such prohibited behavior may also meet the definition of abusive conduct under §201(1).
Domestic violence is violence between two people who are or have been in an intimate or romantic relationship, who share a child in common, or who live or have lived together as spouse or intimate partners or roommates. Violence against any person by that person’s caretaker or guardian (such as abuse against an elderly, young, or person with disabilities) may also be considered domestic violence. Examples of domestic violence include but are not limited to physical, emotional, sexual, and financial abuse or threat of abuse.
When violence between roommates occurs in a residence hall, the case will typically be referred to OSCCR for resolution through a student conduct or conflict resolution pathway, regardless of whether a student wishes to pursue the Grievance Process (Article V). Concerns about this course of action should be directed to the Title IX Deputy Coordinator within two business days of outreach.
201(21) Sexual Misconduct (C)
Sexual misconduct is sexual activity of any kind and between any two persons without consent. The requirements of this policy apply to all individuals regardless of sexual orientation, sex, or gender expression or identity.
“Consent,” means freely given, mutually understandable permission to engage in a specific activity. Silence or a person’s lack of verbal or physical resistance does not equal consent. Submission resulting from force, coercion, or intimidation is not consent. A person’s manner of dress does not convey consent. A person’s consent to one form of sexual activity or sex act does not grant consent to any other sexual activity or sex act. Past consent does not equal consent; consent must be gained for every sexual interaction. Consent may be withdrawn at any time, at which point sexual activity must cease. A person’s consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another. Persons who are related to their sexual partner or who are under the legal age (which is 17 in Illinois) cannot give consent to sexual activity under any circumstances. Additionally, if a person is known or reasonably should be known to be incapacitated as defined in §101(20), then any sexual activity with that person is sexual misconduct.
A respondent being intoxicated or impaired by drugs or alcohol is never an excuse for misconduct and does not diminish any responsibility to obtain consent.
201(21)(a) Non-Consensual Sexual Penetration (C)
Non-consensual sexual penetration (commonly known as “rape or “sexual assault”) is defined as any sexual penetration (anal, oral, or vaginal, including any contact between mouth and genitals) however slight, using any body part or object, by a person or upon another person regardless of sex or gender identity without consent (as defined above).
201(21)(b) Non-Consensual Sexual Contact (C)
Non-consensual sexual contact (also a form of sexual assault) is defined as any intentional sexual contact, however slight, using any body part or object by a person upon another person, regardless of sex or gender identity, without consent (as defined above).
Sexual contact includes intentional contact by any body part or object with the breasts, buttocks, groin, or genitals; or making another individual touch you or themselves on the breasts, buttocks, groin, or genitals using any body part or object. Sexual contact may also include other intentional bodily contact that is done in a sexual manner.
201(21)(c) Sexual Exploitation (C)
Sexual exploitation occurs when an individual takes non-consensual or abusive sexual advantage of another or exceeding the boundaries of consent or law. The behavior may not otherwise fall under the definition of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:
• prostituting oneself or another
• soliciting or receiving payment or compensation in exchange for sexual activity
• non-consensual video or audio-taping of sexual activity
• distributing or otherwise sharing 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
• letting someone watch you engage in sexual activity with another, but without the other person’s knowledge or consent
• posting sexual photos without permission to do so
• peeping (watching someone without their knowing)
• knowingly transmitting a sexually transmitted infection to another individual
• sexual activity that would be considered incest under Illinois law
• sexual activity between any person and a person under the legal age of consent by law
201(21)(d) Sexual Harassment (C)
Sexual harassment is broadly defined as unwelcome conduct of a sexual nature (including but not limited to unwelcome sexual advances; requests for sexual favors; and other verbal, nonverbal, or physical sexual conduct) that is serious or pervasive (repetitious) enough to substantially interfere with or limit a reasonable person’s ability to participate in or benefit from the University’s educational programs or services, thereby creating a hostile environment. Sexual harassment may also include inviting or exchanging sexual acts for preferential treatment (known as “quid pro quo” harassment).
201(24) Stalking (C)
Stalking is a serious offense, and is expressly prohibited. Stalking is 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. Examples of stalking acts may include, but are not limited to, the following:
• non-consensual communication, including face-to-face communication, telephone calls, voice messages, emails, written letters, gifts, or any other communications that are undesired
• use of online, electronic, or digital technologies, including: posting of pictures online, sending unwanted/unsolicited electronic communication, posting private or public messages on social media sites, installing spyware on someone’s computer, and using GPS to monitor a person
• pursuing or following someone or waiting uninvited near a place where a person frequents
• surveillance or other types of unreasonable observation, including staring or peeping
• trespassing or vandalism
• gathering information about an individual from friends, family, or co-workers
• threatening harm to self or others
Any of the above acts may still be considered stalking behaviors even if facilitated by a third party. Substantial emotional distress means significant mental anguish or suffering that may – but does not necessarily – require medical or other professional treatment or counseling.