Bullying, defined as:

• Repeated and/or severe
• Aggressive behavior
• Likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally

Any other University policies may fall within this section when a violation is motivated by the actual or perceived membership of the reporting party's sex or gender.

Coercion is an unreasonable pressure for sexual activity. When someone makes clear to you that they do not want sexual contact, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

Complainant refers to the individual who reported the incident of alleged Prohibited Conduct.

Any physical/sexual behavior cannot be consented to under any of the following conditions if the person is:

• Under the influence of drugs or alcohol or
• A minor (age of consent in Wisconsin is 18 years of age), or
• Mentally impaired, or
• Bullied, coerced, or
• Threatened, or
• Asleep or unconscious.

Lakeland University requires that consent to sexual activity be informed, freely and actively given through the demonstration of clear words or actions that a person has indicated permission to engage in mutually agreed-upon sexual activity. Consent cannot be obtained by force which includes the use of physical violence, threats, intimidation or coercion. Consent also cannot be inferred from silence or lack of resistance alone.

Consent cannot be obtained by taking advantage of the incapacitation of another where the person initializing sexual activity should have reasonably known the other lacks the ability to make rational and informed judgments whether to engage in sexual activity. A person who has consumed alcohol or drugs may be incapacitated yet appear lucid and conscious so sexual activity following the ingestion of drugs or alcohol should be exercised with caution. Consenting to one type of sexual behavior does not constitute consent for other types of sexual behavior. Additionally, previous consent to sexual activity does not constitute consent to future sexual activity. Consent can be withdrawn at any time through clear words or actions that an individual wants the sexual activity to cease. Once consent is withdrawn the sexual activity is to cease immediately.

Having sex with someone you know to be, or whom you should know to be incapacitated, is a violation of the Lakeland University Sexual Assault policy. Sexual contact with anyone who is incapacitated is a violation of this policy. People who have a mental illness or deficiency, are unconscious for any reason, or are physically unable to communicate are assumed to be incapable of giving consent. Under Wisconsin state statute, the age of consent is 18 years of age. Consensual sexual content with a person age 16 or 17 years of age is a criminal offense.

Discrimination, defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of sex or gender.

Force is the use of physical violence, and/or imposing on someone physically, to gain sexual access. Force includes hitting, kicking, restraining or otherwise exerting their physical control over another person through violence. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance to produce consent.

Hazing includes any action taken or situation created, either on campus or off campus, that is intended to produce or which may foreseeably produce unusual or necessary mental or physical harm, or which may cause or foreseeably cause embarrassment, harassment, ridicule or risk of physical, mental or emotional harm.

The Hearing Panel is responsible for making a finding following a review of the Investigative Report. The Hearing Panel is comprised of 3 annually trained employees, chosen from a pool of faculty and staff.

Incapacitation is defined as a state in which a person cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the "who, what, where, why or how" of their sexual interaction). Incapacitation can occur mentally or physically, from a developmental disability, by alcohol or other drug use, or blackout.

This policy also covers a person whose incapacity results from mental disability, sleep, involuntary physical restraint, or from the ingestion of "date rape" drugs. Possession, use and/or distribution of any of these substances, including Rohypnol, Ketamine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another person is a violation of this policy. More information on these drugs can be found at http://www.911rape.org/ Use of alcohol or other drugs will never function as a viable defense to a violation of this policy.

Also referred to as dating violence and domestic violence. 

Engaging in physical, sexual, or emotional harm between partners or former partners involving one or more of the following:

1. Battery that causes bodily injury
2. Purposely or knowingly causing reasonable apprehension of bodily injury
3. Emotional abuse creating an apprehension of bodily injury or property damage
4. Repeated telephonic, electronic, or other forms of communication – anonymously or directly – made with the intent to intimidate, terrify, harass or threaten

Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another.

Non-Consensual Sexual Contact is defined as any intentional sexual touching, however slight, with any object, of a person upon another person that is without consent and/or by force.

Sexual contact includes intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.

Non-Consensual Sexual Intercourse is any sexual intercourse however slight, with any object, of a person upon another person that is without consent and/or by force. Sexual intercourse includes vaginal penetration by a penis, object, tongue, or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

Respondent refers to a student, employee, or faculty member who allegedly violated this policy.

It is a violation of University policy to retaliate against any person reporting or filing a complaint of harassment, discrimination, or sexual misconduct. Such conduct is inconsistent with University policy and may also be prohibited by law.

"Retaliation" is defined as any adverse action taken against a person making a complaint of prohibited conduct or against any person involved or participating in the investigation of any such allegation. Retaliation is prohibited with or without a University "No Contact" Order in place. The University will treat retaliation with the same strict discipline as discrimination or harassment. As such, any acts determined retaliatory will be subject to appropriate disciplinary action, including but not limited to suspension, expulsion, probation, deferred suspension, removal from campus, and/or any combination of the previously mentioned.

Occurs when a student, faculty or staff, takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute other sexual misconduct offenses. Examples include, but are not limited to:

1. Invasion of sexual privacy (such as watching a person undressing, using the bathroom or engaged in sexual acts without the consent of the person observed)
2. Prostitution
3. Non-consensual recording, displaying or distributing in any way, video, images, and audio of a person engaged in sexually explicit conduct without the consent of that individual. Knowingly transmitting an STI or HIV to another student, and without informing the other person of the infection
4. Exposing one's genitals in non-consensual circumstances; inducing another to expose their genitals
5. Sexually-based stalking and/or bullying may also be forms of sexual exploitation

Sexual misconduct is a broad term encompassing behaviors focused on sex and or gender discrimination that may or may not be sexual in nature. Sexual misconduct offenses prohibited by this policy include, but are not limited to 1) Sexual harassment, 2) Non-consensual sexual contact, or attempts to commit same, 3) Non-consensual sexual intercourse, or attempts to commit same, 4) Sexual exploitation, 5) Intimate relationship violence, or 6) Stalking.

Sexual Harassment:

1. Unwelcome conduct that is of an implicitly or overtly sexual nature, or is based on a person's actual or perceived sex, gender, sexual orientation, gender identity, or gender expression.
2. Gender-based verbal or physical conduct that is sufficiently severe, persistent or pervasive that it has the effect of unreasonably interfering with, denying, or limiting someone's ability to participate in or benefit from the University's education programs, employment and/or activities.
3. Quid Pro Quo Harassment is unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature by a person having power or authority over another constitutes sexual harassment when:
   1. Submission to such sexual conduct is made either explicitly or implicitly a term or condition of education or employment, (including rating or evaluating an individual's academic [or employment] progress, development or performance; or
   2. When submission to such conduct is made a condition for access to or receiving the benefits of any educational [or employment] program.
4. The determination of whether an environment is "hostile" must be based on the totality of the circumstances. These circumstances include, but are not limited to, the following:
   1. The frequency of the conduct
   2. The nature and severity of the conduct
   3. Whether the conduct was physically threatening
   4. Whether the conduct was humiliating
   5. The effect of the conduct on the alleged victim's mental or emotional state
   6. Whether the conduct was directed at more than one person
   7. Whether the conduct arose in the context of other discriminatory conduct
   8. Whether the conduct unreasonably interfered with the alleged victim's educational or work performance.
   9. Power can be defined as anyone in position to implicitly impose conditions upon, threatens, interferes with, or creates intimidating hostile or demanding environment for an individual's a) academic pursuits, b) university employment, c) participation in activities sponsored by the university or organizations or groups related to the university or d) opportunities to benefit from other aspects of university life.
5. Examples of prohibited harassment take a variety of forms and may include, but are not limited to, the following:
   1. Sexual advances, propositions, requests or pressure of any kind for sexual favors under any of the circumstances described above
   2. Sexually explicit, graphic, abusive, degrading, intimidating, or offensive jokes, comments, remarks, or gestures, under any of the circumstances described above
   3. Physical contact or intimidation under any of the circumstances described above
   4. Display, circulation, or communication of any sexually suggestive, explicit, graphic, or offensive objects, pictures, or materials of any kind, under any of the circumstances described above
      Epithets, slurs, negative stereotyping, or threatening, intimidating, or hostile acts that relate to an individual's race, color, national origin, religion, age, disability, sex, gender identity/expression, sexual orientation, marital status, pregnancy, predisposing genetic characteristic, or military status, or any other characteristics protected by this policy and/or law, under any of the circumstances described above.
   5. Placing on walls, bulletin boards, email, social networking websites, or elsewhere on the University's premises graphic material that shows hostility or aversion to an individual or group (as listed above) because of an individual's race, color, national origin, religion, age, disability, sex, gender identity/expression, sexual orientation, marital status, pregnancy, predisposing genetic characteristic, or military status or any other characteristics protected by this Policy and/or law, under any of the circumstances described in this section.

Sexual misconduct is a broad term encompassing behaviors focused on sex and or gender discrimination that may or may not be sexual in nature. Sexual misconduct offenses prohibited by this policy include, but are not limited to 1) Sexual harassment, 2) Non-consensual sexual contact, or attempts to commit same, 3) Non-consensual sexual intercourse, or attempts to commit same, 4) Sexual exploitation, 5) Intimate relationship violence, or 6) Stalking.

1. Stalking may be displayed in several different ways. One example of stalking is as follows
   
   1. A course of conduct (two or more acts), including any action, method, device or means to follow, monitor, observe, surveil, threaten or communicate about a person or damaging a person's property
   2. Directed at a specific person, either directly or indirectly through a third party
   3. That is unwelcome, AND
   4. Would cause a reasonable person to feel fear or suffer substantial emotional distress.
2. A second example of stalking is as follows
   
   1. Repetitive and menacing (purposely or knowingly causes emotional distress)
   2. Pursuit, following, harassing and/or interfering with the peace and/or safety of another.

Examples include:

• An attempt to coerce an unwilling person into a sexual relationship
• To repeatedly subject a person to egregious, unwelcome sexual attention
• To punish a refusal to comply with a sexual-based request
• To condition a benefit on submitting to sexual advances
• Sexual violence; intimate partner violence, stalking; gender-based bullying.

Examples also include:

• Unwelcomed physical touching
• Unwelcomed remarks about a person's body of an employee asking for sexual favors with the promise of a reward or punishment
• Sexually suggestive jokes or innuendos
• Sexual assault or coerced sexual activity
• Posting obscene remarks/images of another on social media sites

The following types of misconduct have been arranged and defined by the State of Wisconsin statutes:

• Domestic Abuse/Violence:(State Statute 968.075)
  http://docs.legis.wisconsin.gov/statutes/statutes/968/075
• Stalking: (State Statute 940.32)
  http://docs.legis.wisconsin.gov/statutes/statutes/940/II/32
• Consent: (State Statute 940.225(4))
  http://docs.legis.wisconsin.gov/statutes/statutes/940/II/225

Examples of Sexual Misconduct, as defined by the State of Wisconsin, Include, But Are Not Limited To:

• An attempt to coerce an unwilling person into a sexual relationship.
• To repeatedly subject a person to egregious, unwelcome sexual attention.
• To punish a refusal to comply with a sexual-based request.
• To condition a benefit on submitting to sexual advances.
• Sexual violence; intimate partner violence, stalking; gender-based bullying.
• Unwelcomed physical touching.
• Unwelcomed remarks about a person's body of an employee asking for sexual favors with the promise of a reward or punishment.
• Sexually suggestive jokes or innuendos.
• Sexual assault or coerced sexual activity.
• Posting obscene remarks/images of another on social media sites.

Examples of Non-Consensual Relationships and Consent, as defined by the State of Wisconsin, Include, But Are Not Limited To: 

Any physical/sexual behavior cannot be consented to under any of the following conditions if the person is:

• Under the influence of drugs or alcohol or.
• A minor (age of consent in Wisconsin is 18 years of age), or.
• Mentally impaired, or.
• Bullied, coerced, or.
• Threatened, or.
• Asleep or unconscious.

Threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person.

The Title IX Coordinator is the designated agent of the University responsible for overseeing University policy, procedures and compliance with Title IX legislation, regulation and case law. It may be necessary for the Title IX Coordinator to name a Designee in certain situations. Throughout this policy, the use of the term "Title IX Coordinator" also means "Title IX Coordinator or Designee."