UCCS is committed to providing an environment where all individuals are free from unlawful discrimination and harassment, and therefore prohibits any of the following collectively referred to as "sexual misconduct," and further defined below:
- Sexual assault - non-consensual sexual intercourse;
- Sexual assault - non-consensual sexual contact;
- Sexual exploitation;
- Intimate partner abuse (including domestic or dating violence);
- Sexual harassment.
OIE has jurisdiction over all students, faculty, staff, and third parties on the UCCS campus. OIE also address conduct that occurs on campus and off-campus, including online or electronic conduct, if the conduct occurred in the context of University educational programs, activities, or employment, or has the potential to have continuing adverse effects on campus. its effects.
UCCS Definitions of Prohibited Behavior
Non-Consensual Sexual Intercourse
Any sexual intercourse, however slight, with any object, by any person upon another person that is without affirmative consent. Intercourse includes vaginal penetration by a penis, object, tongue or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.
Non-Consensual Sexual Contact
Any intentional sexual touching, however slight, with any object, by any person upon another person that is without affirmative consent including by force. Sexual contact includes intentional contact with the breasts, buttocks, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; or any other intentional bodily contact in a sexual manner.
Conduct that takes sexual advantage of another person without that person’s affirmative consent. Examples of behavior that could rise to the level of sexual exploitation include, but are not limited to: prostituting another person; taking possession of the intimate personal property of another person without that person’s affirmative consent; recording images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness without that person’s affirmative consent; distributing images (e.g., video, photograph) or audio of another person’s sexual activity, intimate body parts, or nakedness, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not affirmatively consent to such disclosure; and viewing or listening to another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s affirmative consent.
Intimate Partner Abuse
Any act of violence or threatened act of violence against a person with whom the individual is or has been involved in a sexual or dating relationship when used as a method of coercion, control, punishment, intimidation, or revenge. This includes, but is not limited to, assault, threats, and intentional property damage. This also includes acts of violence or threatened acts of violence against oneself and/or against the family members, friends, or pets of the sexual or dating partner. This definition includes intimate partner violence, dating violence, and domestic violence.
Directly or indirectly through another person repeatedly following, approaching, contacting, placing under surveillance, or making any form of communication with another person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to: (a) fear for the individual’s safety or the safety of others or; (b) suffer substantial emotional distress, including causing a person to respond by altering their activities.
Unwelcome conduct of a sexual nature, including unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal, or physical conduct of a sexual nature.
Sexual harassment results if one of the following occurs:
Quid Pro Quo ("This for That")
This type of sexual harassment occurs when the terms or conditions of employment, educational benefits, academic grades or opportunities, living environment or participation in a University activity is conditioned upon, either explicitly or implicitly, submission to or rejection of unwelcome sexual advances or requests for sexual favors, or such submission or rejection is a factor in decisions affecting that individual’s employment, education, living environment or participation in a University program or activity.
Hostile environment is a form of sexual harassment. Whether a hostile environment exists is determined from both a subjective and an objective perspective. The subjective perspective evaluates whether or not the complainant experienced unwelcome sexual conduct. The objective perspective evaluates whether or not the unwelcome sexual conduct was, from the perspective of a reasonable person in the alleged complainant’s position, sufficiently severe, persistent, or pervasive that it unreasonably interferes with, limits, or deprives an individual from participating in or benefiting from the university’s education or employment programs and/or activities. Mere offensive nonsexual conduct is not enough to create a hostile environment. Although repeated incidents increase the likelihood that harassment has created a hostile environment, a single or isolated incident of sexual assault may be sufficient.
UCCS Definition of Affirmative Consent
UCCS defines affirmative consent as the, unambiguous and voluntary agreement to engage in a specific sexual activity. Consent is clear, knowing and voluntary words or actions that create mutually understandable clear permission of willingness to engage in, and the conditions of, sexual activity. Consent must be active; silence by itself cannot be interpreted as consent.
Consent is not effectively given if it results from the use of force, including threats, or intimidation, or if it is from someone who is incapacitated:
Force is the use of physical violence or imposing on someone physically to gain sexual access.
Threats exist where a reasonable person would have been compelled by the words or actions of another to give permission to sexual contact they would not otherwise have given. For example, threats to kill someone, themselves or to harm someone one cares for constitute threats.
- Intimidation occurs when someone uses physical presence to menace another, although no physical contact occurs, or where knowledge of prior violent behavior by an assailant, coupled with menacing behavior, places someone in fear as an implied threat.
Consent will be determined using both objective and subjective standards. The objective standard is met when a reasonable person would consider the words or actions of the parties to have manifested an agreement between them to do the same thing, in the same way, at the same time, with one another. The subjective standard is met when a party believes in good faith that the words or actions of the parties manifested an agreement between them to do the same thing, in the same way, at the same time, with one another.
A person who does not want to consent to sex is not required to resist.
Consent to some forms of sexual activity does not automatically imply consent to other forms of sexual activity.
Silence, previous sexual relationships or the existence of a current relationship do not imply consent.
Consent cannot be implied by attire or inferred from the giving or acceptance of gifts, money or other items.
Consent to sexual activity may be withdrawn at any time, as long as the withdrawal is communicated clearly.
Withdrawal of consent can be manifested through conduct and need not be a verbal withdrawal of consent.
A respondent's intoxication resulting from intentional use of alcohol/drugs will not function as a defense to engaging in sexual activity without an individual's consent.
In order to give effective consent, the person giving consent must be of legal age under Colorado law for the purposes of determining whether there was a sexual assault.