IGP #175.1: Sexual Harassment Includes Sexual Misconduct EIU Office of Internal Auditing

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#175.1 - Sexual Harassment Includes Sexual Misconduct

Approved: September 29, 2020

Monitor: President

Eastern Illinois University is committed to providing the safest campus possible for our students, faculty and staff. Sexual harassment has several definitions depending on the laws for which it is asserted (see IGP #175). Here, the university adopts additional defining language generally referred to as "sexual misconduct" to illustrate behaviors prohibited under IGP #175.

Sexual misconduct is any physical act of a sexual nature without the consent of the individuals involved. Sexual misconduct includes but is not limited to: a) any form of sexual penetration without consent (rape, sexual assault, sexual battery, sexual abuse, and sexual coercion); b) intentional or knowingly touching of another person, either directly or through the clothing of sex organs, buttocks, or breasts for the purpose of sexual gratification or arousal without consent of the other person; c) indecent exposure with sexual intent; and, d) use of email, text, phone, or any other form of communication to send sexually explicit materials that are unwelcomed by the recipient; e) sexual violence. Sexual misconduct includes stalking. Any form of sexual misconduct is prohibited.

The university continually endeavors to prevent sexual harassment including sexual misconduct by providing training and educational materials to all students and employees, and by thoroughly investigating complaints. Additionally, the University maintains several programs designed to eliminate sexual assault and misconduct including: Sexual Assault Prevention, specialized training for resident assistants, campus workshops on sexual assault and bystander training, and other programs for student-athletes and fraternity and sorority members.


EIU Medical Clinic	EIU Counseling Clinic
(217) 581-3013	(217) 581-3413
https://www.eiu.edu/health/	https://www.eiu.edu/counsctr/

Sexual assault and stalking are crimes. Complaints alleging sexual assault will receive serious and immediate attention. Once a complaint is received, the first step taken by University personnel will be taken to mitigate known risks to the Complainant's safety on campus.

The University understands that a complainant may need a support person to accompany them on campus and students and employees will be provided with contact information for various on-campus and off-campus resources. For additional information regarding these resources please visit the University's Sexual Assault Resources website.

Consent

Consent is defined as a freely given agreement to participate in sexual activity. Consent must be given each time parties engage in sexual activity. Consent given on a prior occasion does not indicate future consent.

Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force does not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent.

A person who initially consents to sexual conduct is not deemed to have consented to any sexual conduct that occurs after he/she/they withdraws consent during the course of that sexual conduct. A person's consent to engage in sexual activity with one person does not constitute consent to engage in activity with another. Consent can be withdrawn at any time. Consent cannot be given when a person is unable to understand the nature of the activity or cannot consent based on circumstances including but not limited to:

Incapacitation due to the influence of drugs or alcohol;
The person is asleep or unconscious;
The person is not of legal age to consent; or
The person is incapacitated due to a mental disability

It is the responsibility of all members of the campus community to create a campus free of sexual misconduct. Victims or witnesses of sexual assault are encouraged to come forward with he assurance that complaints will be taken seriously, and great care will be taken to ensure that victims are protected and receive appropriate attention and services. For a complete list of services and additional information regarding sexual assault please visit the EIU Sexual Assault Resource Guide.