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• Threatening someone to obtain consent for a sexual act is a violation of this policy. Threats exist where a reasonable person would have been compelled by the words or actions of another to give permission to sexual activity to which they otherwise would not.

PRoHIBITED ConDuCT

Sexual misconduct is a broad term encompassing any sexual behavior that was committed without effective consent. Sexual misconduct may vary in its severity and consists of a range of behaviors. The following descriptions represent sexual behaviors that violate Skid-more’s community standards and values of respect, civility, and personal integrity. These behaviors are serious violations and represent a threat to the safety of the Skidmore Com-munity.

1. Sexual Penetration

• Any sexual penetration (anal, oral or vaginal), however slight, with any object or sexual intercourse, without effective consent. Sexual penetration includes vaginal or anal pene- tration by a penis, object, tongue or finger and oral copulation by mouth to genital con- tact or genital to mouth contact.

2. Sexual Touching, Disrobing and/or Exposure

• Any intentional sexual touching, however slight, with any object without effective con- sent. Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another or any other bodily contact in a sexual manner. Any dis- robing of another or exposure to another by another without effective consent.

3. Sexual Misconduct by Incapacity

• It is a violation of this policy if the initiator has sex with someone the initiator knows, or reasonably should know, to be incapacitated by alcohol, drugs, sleep, or illness. An inca- pacitated person is not able to make rational, reasonable judgments and therefore is in- capable of giving effective consent. Someone is incapacitated when they cannot under- stand who, what, when, where, why, or how, with respect to the sexual interaction.

4. Sexual Harassment

• Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct or communication of a sexual nature when:

• Submission to or rejection of such conduct or communication is a term or condition of education benefits, academic evaluations or opportunities

• Submission to such conduct or communication has the effect of substantially interfer- ing with a student’s education

• Such conduct is sufficiently severe, pervasive, AND objectively offensive as to have the effect of creating an intimidating, hostile or offensive educational environment or neg- atively affects a student’s educational opportunities