Sexual Misconduct
Sexual misconduct includes sexual harassment and sexual assault are violations of the Pierce College Discrimination and Harassment policy.
The following are the definitions of sexual misconduct prohibited by the Discrimination and Harassment policy..
Sexual Harassment
Sanctions range from warning through expulsion/termination.
- Unwelcome conduct (verbal, nonverbal, written, physical)
- That is sexual in nature, sex-based or gender-based AND
- Severe, pervasive AND
- Objectively offensive AND
- Interferes with, denies or limits access/ability to participate in or benefit from education/educational activity or employment
Sexual Intimidation
Sanctions range from warning through expulsion/termination.
- Incorporates the definition of “sexual harassment” AND
- Threatening or emotionally distressing conduct based on sex
- Including, but not limited to, non-consensual recording of sexual activity or the distribution of such recording
Sexual Assault
Sexual assault is a type of sexual harassment and includes:
Non-consensual Intercourse
Sanctions typically result in suspension or expulsion/termination.
- Any actual or attempted intercourse (anal, oral, vaginal) OR
- Oral copulation by mouth to genital contact or genital to mouth contact,
- However slight,
- With any object or body part
- By a person upon another person,
- That is without consent or where the person is unable to give consent AND/OR
- With force.
Non-consensual Sexual Contact
Sanctions range from warning through expulsion/termination.
- Any actual or attempted sexual touching,
- However slight,
- With any body part or object,
- By a person upon another person,
- That is without consent or where the person is unable to give consent AND/OR
- With force
Dating Violence
Sanctions range from warning through expulsion/termination.
- Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant; AND
- Where existence of such a relationship shall be determined based on consideration of the following factors:
- Length of relationship
- Type of relationship
- Frequency of interaction between the persons involved in the relationship
- Includes, but not limited to, sexual or physical abuse threat of such abuse
Domestic Violence
Sanctions range from warning through expulsion/termination.
Physical violence, bodily injury, assault, the infliction of fear of imminent physical harm, sexual assault, or stalking committed by
- A person who is cohabitating with or has cohabitated with the victim as a spouse,
- A person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Washington
- any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the State of Washington, RCW 26.50.010.
Stalking
Sanctions range from warning through expulsion/termination.
- Intentional AND
- Repeated (2 or more acts)
- Harassment or following of another person
- That places that person in reasonable fear that there is an intent to injure, intimidate or harass OR
- Where the perpetrator knows or reasonably should know that the person is frightened, intimated or harassed even if there is no such intent.
Retaliation
Sanctions range from warning through expulsion/termination
- Any adverse action,
- Taken against a person participating in a protected activity,
- Because of that person’s participation in that protected activity
- subject to limitations imposed by the First Amendment and/or academic freedom.
Examples of Sexual Harassment Behaviors
- Deliberate touching, stroking or repeated brushing against another’s body
- Repeated requests for a date or for sexual activity
- Written, verbal, pictorial or nonverbal communications of a sexual nature not related to the work, service or education activity being conducted
- Pressure or demands for a date or for sexual activity
- Jokes, offensive comments that are gender-based
- Unwanted, repeated email
- Non-consensual sex, sexual activity
- Attempted or actual sexual violence, including acts involving sexual coercion and incapacitation
- Non-consensual recording of sexual acts, distribution
- Relationship violence including emotional, verbal, physical, financial
- Following someone in person, via a third party, online
- Sexual innuendos and comments, sexually explicit questions
- Pervasive displays of pictures, calendars, cartoons, or other materials with sexually explicit or graphic content
Please note:
- Anyone present who is subjected to the behavior because they can see it, hear it, etc. can bring forward a complaint of unwanted behavior.
- There is not necessarily a requirement for the person to explicitly say the words “no” or “stop” for it to be made clear that the behavior is unwanted.
- Intent is not required. A person may not intend to sexually harass another, but still violate the policy because their actions have met the criteria.