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It must exist from the beginning to end of each instance of sexual activity and to each form of sexual contact.
The University will not tolerate Sexual Misconduct, Relationship Violence, and Stalking.
Sexual Misconduct, Relationship Violence, and Stalking pose a threat both to individual members of the University community and to the community collectively.
Being intoxicated or impaired by alcohol and/or other drugs is never an excuse for Sexual Harassment, Sexual Misconduct, or Sexual Violence and does not diminish one’s responsibility to obtain Consent.
A direct or implied threat of force, violence, danger, hardship, or retribution sufficient to persuade a reasonable person of ordinary susceptibility to perform an act which otherwise would not have been performed or acquiesce in an act to which one would not have submitted.
Acts of Sexual Misconduct, Relationship Violence, and Stalking represent a fundamental failure to recognize and respect the intrinsic worth and dignity of other members of the community.
Such acts are contrary to the values and standards of the University community and are against University policy. Retaliation The conduct prohibited by the Policy and important terms and concepts are defined as follows: In general, the University considers sexual contact while under the influence of alcohol and/or other drugs to be risky behavior.Where alcohol and/or other drugs (including prescription drugs) are involved, Incapacitation is a state beyond drunkenness or intoxication.The impact of alcohol and other drugs varies from person to person.This Policy prohibits Sexual Misconduct, Relationship Violence, and Stalking (all of which such conduct is defined in Section IV below) of/against University community members of any gender, gender identity, gender expression, or sexual orientation.This Policy is intended to: This Policy is consistent with relevant governmental statutes and regulations, such as Titles VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, The Age Discrimination in Employment Act, The Americans with Disabilities Act and ADA Amendments Act, The Equal Pay Act, The Uniform Services Employment and Reemployment Rights Act, The Pennsylvania Human Relations Act, the Violence Against Women Reauthorization Act of 2013, and the Cheltenham Township Anti-Discrimination Ordinance The University is committed to providing a learning and working environment that is free from all forms of discrimination and conduct that can be considered unreasonably harassing, coercive, or disruptive, including Sexual Harassment and/or Sexual Violence.When an individual makes it clear that he/she/zi does not want to engage in sexual activity, that he/she/zi wants to stop, or that he/she/zi does not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.The alleged victim, in other words, the individual(s) who has experienced a possible instance of Sexual Misconduct, Relationship Violence, and/or Stalking, regardless of whether that individual makes a report or seeks formal disciplinary action.They may also constitute criminal conduct under local, state, or federal laws (or a combination thereof). Alcohol and other drugs impair a person’s decision-making capacity, awareness of consequences, and ability to make informed judgments.The University is committed to establishing clear and effective policy and procedures, a coordinated education and prevention program, and prompt and equitable procedures for resolution of complaints of such conduct. From the perspective of the Complainant, the use of alcohol and/or other drugs can limit a person’s ability to give Consent knowingly and voluntarily.Recognizing that each situation has its own characteristics, the University will respond promptly and equitably while tailoring the solution to best fit the situation. If there is any doubt as to the level or extent of the other individual’s intoxication or impairment, the prudent course of action is to forgo or cease any sexual contact or activity.Sexual Misconduct, Relationship Violence, and Stalking encompass a broad spectrum of conduct, and the University will respond accordingly, considering both the severity of the alleged offense and the threat the conduct poses to the community. The perspective of a reasonable person will be the basis for determining whether a Respondent should have been aware of the extent and amount of the ingestion of alcohol and/or other drugs by the Complainant or of the extent to which the use of alcohol and/or other drugs impacted a Complainant’s ability to give Consent.