Sexual Misconduct Policy
Although federal and state laws define various violent and/or non-consensual sexual acts as crimes, for the purposes of the Comprehensive Policy, Loyola applies its own definitions and standards for the various ways in which sexual and/or gender-based misconduct are prohibited, in compliance with Title IX where applicable.
Acts of sex-based harassment and other sexual misconduct may be committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity or expression of those involved. Specific violations include:
1. Sexual Harassment
Sexual harassment is broadly defined as:
- unwelcome sexual conduct (including verbal, written, online, and/or physical conduct),
- that, based on the totality of the circumstances,
- is subjectively and objectively offensive.
Sexual harassment may occur without regard to the Respondent’s intent and is based on the totality of the circumstances. Unwelcomeness and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances.
Loyola reserves the right to remedy any form of sexual harassment when substantiated, whether or not the behavior constitutes quid pro quo or hostile environment sexual harassment. Addressing such conduct may not result in the imposition of Sanctions, but may be addressed through respectful conversation, remedial actions, education, Alternative Resolution, and/or other University policies and procedures.
a. Quid Pro Quo Sexual Harassment TIX
Quid pro quo sexual harassment occurs when:
- an employee or other person authorized by the University,
- provides an aid, benefit, or service under the University’s Education Program or Activity, and
- explicitly or impliedly conditions the provision of such aid, benefit, or service,
- on a person’s participation in unwelcome sexual conduct.
b. Hostile Environment Sexual Harassment TIX
A hostile environment is created when sexual harassment is:
- so severe or pervasive,
- that it limits or denies a person’s ability to participate in or benefit from Loyola’s Education Program or Activity.
2. Sexual Assault TIX
Sexual assault is defined as an offense classified as a forcible or nonforcible sex offense under the Uniform Crime Reporting System of the Federal Bureau of Investigation. A sex offense is any sexual act directed against a person, without the person’s consent, including instances where the person is incapable of giving consent. Sex offenses are further defined and categorized as follows:
a. Non-Consensual Sexual Penetration TIX
Non-consensual sexual penetration (also known as rape) is any sexual penetration (including vaginal, anal, and oral penetration of the Complainant by the Respondent with any body part or object), without the consent of the Complainant, including instances where the Complainant is incapable of giving consent either because of their age or because of their temporary or permanent mental or physical incapacity.
b. Non-Consensual Sexual Contact TIX
Non-consensual sexual contact (also known as fondling) is the touching of the private body parts (i.e., breasts, buttocks, or groin/genitalia) of the Complainant by the Respondent or causing the Complainant to touch the Respondent’s private body parts intentionally, for a sexual purpose, and without the consent of the Complainant, including instances where the Complainant is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
c. Incest TIX
Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Illinois law.
d. Statutory Rape TIX
Statutory rape is sexual intercourse with a person who is under the statutory age of consent (which in Illinois is 17).
3. Dating Violence TIX
Dating violence is violence committed by a Respondent (a) who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and (b) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship, (ii) the type of relationship, (iii) the frequency of interaction between the persons involved in the relationship.
4. Domestic Violence TIX
Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the Complainant, by a Respondent with whom the victim shares a child in common, by a Respondent who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, by a Respondent similarly situated to a spouse of the Complainant under the domestic or family violence laws of the jurisdiction, or by any other Respondent against an adult or youth Complainant who is protected from that Respondent’s acts under the domestic or family violence laws of the jurisdiction.
5. Stalking TIX
Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for the person’s safety or the safety of others; or (b) suffer substantial emotional distress.
For purposes of the Comprehensive Policy, a “course of conduct” requires that there be more than one incident and the conduct must be directed at a specific individual. Stalking can occur in person or using technology, and the duration, frequency, and intensity of the conduct may be considered. Stalking incidents may include, but are not limited to, watching, following, using tracking devices, monitoring online activity, unwanted contact, property invasion or damage, hacking accounts, threats, violence, sabotage, and attacks. Merely annoying conduct, even if repeated, may be a nuisance but may not constitute stalking.
In instances where stalking is found not to have been motivated by a person’s Protected Characteristic(s), the Report may be referred elsewhere to be investigated and/or adjudicated under other University policies (such as the Community Standards for Student Respondents) as applicable.
6. Sexual Exploitation
Sexual exploitation is when a person takes non-consensual or harmful sexual advantage of another person for their own benefit or for the benefit of anyone other than the person being exploited, and where the behavior does not otherwise constitute sexual harassment, sexual assault, dating violence, domestic violence, or stalking as defined above.
Examples of sexual exploitation include, but are not limited to, the following:
- Sexual voyeurism (such as watching a person undressing, using the bathroom, or engaging in sexual acts without the consent of all persons observed).
- Exposing one’s genitals or breasts (“flashing”) in non-consensual circumstances.
- Knowingly making an unwelcome disclosure of (or threatening to disclose) a person’s sexual orientation, gender identity, or gender expression.
- Taking pictures or video or audio recording another person in a sexual act or in other private activity without the consent of all involved; or exceeding the boundaries of consent (such as disseminating otherwise consensual sexual pictures without the photographed person’s consent); or making or posting non-consensual pornography.
- Knowingly creating, possessing, or disseminating child sexual abuse images or recordings.
- Prostitution or sex trafficking involving oneself or others.
- Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually transmitted disease or infection without first disclosing the disease or infection.
Administering alcohol or drugs (such as “date rape” drugs) to another person without the other person’s knowledge or consent and with the intent of taking sexual advantage of them.
Important Concepts
The following concepts are integral to understanding the Comprehensive Policy.
A. Consent
Consent is freely given, mutually understandable permission to engage in a specific sexual activity. Since persons may experience the same interaction in different ways, it is the responsibility of each Party to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be a clear expression in words or actions that the other person consents to that specific sexual conduct. Neither silence nor the absence of resistance convey consent. Consent also cannot be gained by force or coercion, and a person who is incapacitated cannot give consent.
Whether or not consent was communicated is based on the totality of the circumstances, including the context in which the sexual activity occurred and (if applicable), how the Parties may have communicated consent in the past. However, past consent for sexual activity does not automatically convey current consent for sexual activity. Similarly, consent to some sexual activity (such as kissing or fondling) cannot be presumed to extend consent for other sexual activity (such as intercourse). The existence of a current or previous dating relationship also does not establish or convey consent.
Consent can be withdrawn at any time, and once the withdrawal of consent has been clearly communicated, the sexual activity must cease immediately.
B. Force
Force is the use or threat of physical violence and/or imposing on someone physically to gain sexual access. Sexual activity that is forced is by definition non-consensual.
C. Coercion
Coercion is the use of pressure, intimidation, or threats to gain sexual access. Coercive behavior differs from seductive or sexually inviting behavior or the negotiation of boundaries/desires. When a person communicates that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, pressuring, intimidating, or threatening that person to overcome their resistance can constitute coercion.
D. Incapacitation
Incapacitation is defined as a state in which a person cannot fully understand or comprehend the nature or context of their decisions and/or actions. An incapacitated person cannot, by definition, consent to sexual activity because they cannot understand or appreciate the “who, what, when, where, why, or how” of the sexual activity in question. Incapacitation may result from a person consuming a large amount of alcohol or other drugs, having a mental disability, being asleep or passed out, or being involuntarily physically restrained. Incapacitation is a state beyond intoxication.
A person cannot consent to sexual activity if they are incapacitated. A person who engages in sexual activity when that person knows or reasonably should know that the other person is physically or mentally incapacitated has violated the Comprehensive Policy. The intoxication of a Respondent, such that the Respondent may not have realized the incapacity of an Affected Party, does not excuse such a violation.
Under Illinois law, a minor (meaning a person under 17 years old) does not have the capacity to consent to sexual activity under any circumstances. This means that any sexual activity with a person under 17 is both a crime and a violation of the Comprehensive Policy, even if the minor wanted to engage in the activity.
E. Loyola’s Consensual Relationships Policy
In order to protect the integrity of the University academic and work environment, Loyola’s Consensual Relationships Policy outlines the limitations on consensual relationships between faculty, staff, affiliates, and Students at the University, as more specifically described in that policy, which can be found at the link below.
Although federal and state laws define various violent and/or non-consensual sexual acts as crimes, for the purposes of the Comprehensive Policy, Loyola applies its own definitions and standards for the various ways in which sexual and/or gender-based misconduct are prohibited, in compliance with Title IX where applicable.
Acts of sex-based harassment and other sexual misconduct may be committed by any person upon any other person, regardless of the sex, sexual orientation, and/or gender identity or expression of those involved. Specific violations include:
1. Sexual Harassment
Sexual harassment is broadly defined as:
- unwelcome sexual conduct (including verbal, written, online, and/or physical conduct),
- that, based on the totality of the circumstances,
- is subjectively and objectively offensive.
Sexual harassment may occur without regard to the Respondent’s intent and is based on the totality of the circumstances. Unwelcomeness and objective offensiveness are evaluated based on the totality of the circumstances from the perspective of a reasonable person in the same or similar circumstances.
Loyola reserves the right to remedy any form of sexual harassment when substantiated, whether or not the behavior constitutes quid pro quo or hostile environment sexual harassment. Addressing such conduct may not result in the imposition of Sanctions, but may be addressed through respectful conversation, remedial actions, education, Alternative Resolution, and/or other University policies and procedures.
a. Quid Pro Quo Sexual Harassment TIX
Quid pro quo sexual harassment occurs when:
- an employee or other person authorized by the University,
- provides an aid, benefit, or service under the University’s Education Program or Activity, and
- explicitly or impliedly conditions the provision of such aid, benefit, or service,
- on a person’s participation in unwelcome sexual conduct.
b. Hostile Environment Sexual Harassment TIX
A hostile environment is created when sexual harassment is:
- so severe or pervasive,
- that it limits or denies a person’s ability to participate in or benefit from Loyola’s Education Program or Activity.
2. Sexual Assault TIX
Sexual assault is defined as an offense classified as a forcible or nonforcible sex offense under the Uniform Crime Reporting System of the Federal Bureau of Investigation. A sex offense is any sexual act directed against a person, without the person’s consent, including instances where the person is incapable of giving consent. Sex offenses are further defined and categorized as follows:
a. Non-Consensual Sexual Penetration TIX
Non-consensual sexual penetration (also known as rape) is any sexual penetration (including vaginal, anal, and oral penetration of the Complainant by the Respondent with any body part or object), without the consent of the Complainant, including instances where the Complainant is incapable of giving consent either because of their age or because of their temporary or permanent mental or physical incapacity.
b. Non-Consensual Sexual Contact TIX
Non-consensual sexual contact (also known as fondling) is the touching of the private body parts (i.e., breasts, buttocks, or groin/genitalia) of the Complainant by the Respondent or causing the Complainant to touch the Respondent’s private body parts intentionally, for a sexual purpose, and without the consent of the Complainant, including instances where the Complainant is incapable of giving consent because of their age or because of their temporary or permanent mental or physical incapacity.
c. Incest TIX
Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Illinois law.
d. Statutory Rape TIX
Statutory rape is sexual intercourse with a person who is under the statutory age of consent (which in Illinois is 17).
3. Dating Violence TIX
Dating violence is violence committed by a Respondent (a) who is or has been in a social relationship of a romantic or intimate nature with the Complainant; and (b) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) the length of the relationship, (ii) the type of relationship, (iii) the frequency of interaction between the persons involved in the relationship.
4. Domestic Violence TIX
Domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the Complainant, by a Respondent with whom the victim shares a child in common, by a Respondent who is cohabitating with or has cohabitated with the Complainant as a spouse or intimate partner, by a Respondent similarly situated to a spouse of the Complainant under the domestic or family violence laws of the jurisdiction, or by any other Respondent against an adult or youth Complainant who is protected from that Respondent’s acts under the domestic or family violence laws of the jurisdiction.
5. Stalking TIX
Stalking is engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for the person’s safety or the safety of others; or (b) suffer substantial emotional distress.
For purposes of the Comprehensive Policy, a “course of conduct” requires that there be more than one incident and the conduct must be directed at a specific individual. Stalking can occur in person or using technology, and the duration, frequency, and intensity of the conduct may be considered. Stalking incidents may include, but are not limited to, watching, following, using tracking devices, monitoring online activity, unwanted contact, property invasion or damage, hacking accounts, threats, violence, sabotage, and attacks. Merely annoying conduct, even if repeated, may be a nuisance but may not constitute stalking.
In instances where stalking is found not to have been motivated by a person’s Protected Characteristic(s), the Report may be referred elsewhere to be investigated and/or adjudicated under other University policies (such as the Community Standards for Student Respondents) as applicable.
6. Sexual Exploitation
Sexual exploitation is when a person takes non-consensual or harmful sexual advantage of another person for their own benefit or for the benefit of anyone other than the person being exploited, and where the behavior does not otherwise constitute sexual harassment, sexual assault, dating violence, domestic violence, or stalking as defined above.
Examples of sexual exploitation include, but are not limited to, the following:
- Sexual voyeurism (such as watching a person undressing, using the bathroom, or engaging in sexual acts without the consent of all persons observed).
- Exposing one’s genitals or breasts (“flashing”) in non-consensual circumstances.
- Knowingly making an unwelcome disclosure of (or threatening to disclose) a person’s sexual orientation, gender identity, or gender expression.
- Taking pictures or video or audio recording another person in a sexual act or in other private activity without the consent of all involved; or exceeding the boundaries of consent (such as disseminating otherwise consensual sexual pictures without the photographed person’s consent); or making or posting non-consensual pornography.
- Knowingly creating, possessing, or disseminating child sexual abuse images or recordings.
- Prostitution or sex trafficking involving oneself or others.
- Engaging in sexual activity with another person while knowingly infected with human immunodeficiency virus (HIV) or a sexually transmitted disease or infection without first disclosing the disease or infection.
Administering alcohol or drugs (such as “date rape” drugs) to another person without the other person’s knowledge or consent and with the intent of taking sexual advantage of them.
Important Concepts
The following concepts are integral to understanding the Comprehensive Policy.
A. Consent
Consent is freely given, mutually understandable permission to engage in a specific sexual activity. Since persons may experience the same interaction in different ways, it is the responsibility of each Party to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be a clear expression in words or actions that the other person consents to that specific sexual conduct. Neither silence nor the absence of resistance convey consent. Consent also cannot be gained by force or coercion, and a person who is incapacitated cannot give consent.
Whether or not consent was communicated is based on the totality of the circumstances, including the context in which the sexual activity occurred and (if applicable), how the Parties may have communicated consent in the past. However, past consent for sexual activity does not automatically convey current consent for sexual activity. Similarly, consent to some sexual activity (such as kissing or fondling) cannot be presumed to extend consent for other sexual activity (such as intercourse). The existence of a current or previous dating relationship also does not establish or convey consent.
Consent can be withdrawn at any time, and once the withdrawal of consent has been clearly communicated, the sexual activity must cease immediately.
B. Force
Force is the use or threat of physical violence and/or imposing on someone physically to gain sexual access. Sexual activity that is forced is by definition non-consensual.
C. Coercion
Coercion is the use of pressure, intimidation, or threats to gain sexual access. Coercive behavior differs from seductive or sexually inviting behavior or the negotiation of boundaries/desires. When a person communicates that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, pressuring, intimidating, or threatening that person to overcome their resistance can constitute coercion.
D. Incapacitation
Incapacitation is defined as a state in which a person cannot fully understand or comprehend the nature or context of their decisions and/or actions. An incapacitated person cannot, by definition, consent to sexual activity because they cannot understand or appreciate the “who, what, when, where, why, or how” of the sexual activity in question. Incapacitation may result from a person consuming a large amount of alcohol or other drugs, having a mental disability, being asleep or passed out, or being involuntarily physically restrained. Incapacitation is a state beyond intoxication.
A person cannot consent to sexual activity if they are incapacitated. A person who engages in sexual activity when that person knows or reasonably should know that the other person is physically or mentally incapacitated has violated the Comprehensive Policy. The intoxication of a Respondent, such that the Respondent may not have realized the incapacity of an Affected Party, does not excuse such a violation.
Under Illinois law, a minor (meaning a person under 17 years old) does not have the capacity to consent to sexual activity under any circumstances. This means that any sexual activity with a person under 17 is both a crime and a violation of the Comprehensive Policy, even if the minor wanted to engage in the activity.
E. Loyola’s Consensual Relationships Policy
In order to protect the integrity of the University academic and work environment, Loyola’s Consensual Relationships Policy outlines the limitations on consensual relationships between faculty, staff, affiliates, and Students at the University, as more specifically described in that policy, which can be found at the link below.