Sexual Misconduct Definitions
The following legal definitions are provided to assist in understanding when behavior that violates College policy may also violate federal or state law. If you believe you have been a victim of a crime, please consider taking action to preserve any evidence that may be helpful to you in pursuing legal or protective action. You have the right to pursue both the criminal and the campus processes to address incidents which may violate both the law and campus policy. The campus process is not designed to be a substitute for the criminal justice process.
a. Sex Offenses, defined by the FBI as any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent. This includes:
- Rape: penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
- Fondling: the touching of the private parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
- Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law
- Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent
A. Dating Violence encompasses a broad range of behaviors, including sexual assault, physical abuse and other forms of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant, considering the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved.
B. Domestic Violence encompasses a broad range of behaviors, including sexual assault, physical abuse and other forms of violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a person who is cohabitating with or has cohabitated with the complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the complainant, or by any other person against an adult or youth complainant protected from those acts by domestic or family violence laws of Maryland.
C. Relationship Violence encompasses a broad range of behaviors, including sexual assault, physical abuse and other acts, threats or a pattern of abusive behavior of a physical or sexual nature by one partner intended to control, intimidate, manipulate, humiliate, frighten, coerce or injure the other. These acts may be directed toward a spouse, an ex-spouse (also referred to as domestic violence), or by a current or former intimate partner (also referred to as dating violence”).
D. Responsible College Employee includes any College administrator, supervisor, faculty, member, campus police, coach, trainer, or anyone who has the authority to take action or redress sexual misconduct; or whom a student could reasonable believe has such authority or duty.
E. Sexual Assault (Non-consensual sexual intercourse or oral sex) means any act of sexual penetration with another individual without consent. Sexual penetration includes vaginal or anal penetration, however slight, with any body part or object, or oral penetration involving mouth to genital contact.
F. Sexual Contact (Non-consensual sexual contact) means any unwanted intentional touching of the intimate body parts of another person or yourself; causing another to touch your intimate body parts; or the disrobing or exposure of another without consent. Intimate parts may include genitalia, groin, breast, or buttocks, or clothing covering them, or any other body part that is touched in a sexual manner. Unwanted sexual contact includes attempted sexual intercourse.
G. Sexual Exploitation means taking non-consensual or abusive sexual advantage of another person for one’s own advantage or benefit of for the advantage or benefit of anyone other than the person being exploited.
H. Sexual Harassment. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal or physical conduct of a sexual nature when (a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or academic advancement, (b) submission to or rejection of such conduct by an individual is used as the basis for employment decisions or academic decisions affecting such individual, or (c) such conduct has the purpose or effect of unreasonably interfering with an individual's work or academic performance or unreasonably creating an intimidating, hostile, or offensive working or academic environment.
I. Sexual Intimidation means threatening behavior of a sexual nature directed at another person, such as threatening to sexually assault another person or engaging in indecent exposure.
J. Sexual Misconduct is an umbrella term that encompasses dating violence, domestic violence, sexual harassment, sexual assault, sexual contact, sexual exploitation, sexual intimidation, relationship violence and stalking. Sexual misconduct can occur between strangers or acquaintances, including people involved in intimate or sexual relationship. Sexual misconduct can be committed by any person, regardless of gender identity, and can occur between people of the same or different sex, sexual orientation or gender expression.
Prohibited Students, Staff, and Faculty Behavior
Baltimore City Community College prohibits all forms of gender-based and sexual misconduct including sexual harassment which unreasonably interfere with, deny, or limit someone’s ability to participate in or benefit from a Baltimore City Community College educational program, activity, or employment. Prohibited behaviors are defined as:
a. Sexual Harassment: Unwelcome, verbal or physical conduct based on gender/sex that is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, denies, or limits someone’s ability to participate in or benefit from a Baltimore City Community College educational program or activity. This includes:
- Hostile Environment: One or more behaviors that create an intimidating educational or employment environment.
- Discrimination: Actions taken by a person in a position of authority at Baltimore City Community Collee which deprive others of access, benefits, or opportunities based on irrelevant protected criteria.
b. Non-Consensual Sexual Contact: Any intentional sexual touching, however slight and with any object or body part, that is without consent and/or by force or coercion. This includes intentional contact with breasts, buttocks, groin, mouth, or genitals, as well as any other intentional bodily contact that occurs in a sexual manner.
c. Non-Consensual Sexual Intercourse: Any sexual penetration or copulation, however slight and with any object or body part that is without consent and/or by force or coercion. Intercourse includes anal or vaginal penetration by a penis, object, tongue, or finger and oral copulation (mouth and genital/anal contact), no matter how slight the penetration or contact.
d. Sexual Exploitation: Taking non-consensual or abusive sexual advantage of an individual to benefit anyone other than the person being exploited. Examples include: invading privacy, video or audio recording of sexual acts without consent, knowingly transmitting a Sexually Transmitted Infection (STI), sexually-based stalking or bullying, or exposing one’s genitals.
e. Intimate Relationship Violence: Violence or the threat of violence between those in a sexual and/or comparably personal and private relationship, including:
- Domestic Violence: Violence committed by someone’s current or former spouse or intimate partner (including an intimate cohabitant), current or former cohabitant, or another such person protected under domestic or family law, such as someone with whom the victim shares a child.
- Dating Violence: Violence by a person who has been in a social relationship of a romantic or intimate relationship with the victim. A “relationship” is determined by the reporting party’s statement with consideration of the length, type, and frequency of interaction.
f. Stalking: Two or more acts directed at a specific person that would cause a reasonable person under similar circumstances and with similar identities to fear for her/his, or other’s safety, or to suffer substantial emotional distress. Examples include: repetitive and/or menacing pursuit, following, harassment, or other interference with the peace and/or safety of another person or that of her or his immediate family member.
g. Other Gender-Based Misconduct: Physical harm, extreme verbal abuse, or other conduct that threatens the health or safety of any person on the basis of gender/sex.