Sexual Misconduct

Continue to: Investigative process for internal complaints under the Sexual Assault, Discrimination & Harassment Policy

Go to: Equal Opportunity Office

The University is committed to creating and maintaining a community where all persons who participate in University programs and activities can work and learn together in an atmosphere free from all forms of harassment, exploitation, or intimidation.  The University condemns discrimination based on sex, sexual harassment, sexual assault, and sexual misconduct.  Any such activity committed by a member of the University community may subject the individual to University sanctions as well as civil and criminal penalties.

This policy covers unwelcome conduct of a sexual nature.  Consensual romantic relationships between members of the University community are subject to other University policies.  See Section 5.23 of the Staff Handbook (hr.ou.edu/documents/files/handbook.pdf), and Section 3.2.9 of the Regents’ Policy Manual as well as the respective campuses Faculty Handbooks. 

I.               DEFINITIONS

Sexual Misconduct offenses include, but are not limited to sexual harassment/discrimination, non‐consensual sexual intercourse (or attempts to commit same), non‐consensual sexual contact (or attempts to commit same), sexual coercion, and sexual exploitation.

A.            Sex Discrimination includes sexual harassment and is defined as conduct directed at a specific individual or a group of identifiable individuals that subjects the individual or group to treatment that adversely affects their employment or education, or institutional benefits, on account of sex.  It may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature.

B.             Sexual Harassment:  Sexual harassment is a form of sex discrimination.  Sexual harassment is unwelcome and discriminatory speech or conduct undertaken because of an individual’s gender that is so severe, pervasive and objectively offensive that it has the systematic effect of unreasonably interfering with or depriving someone of educational, institutional, or employment access, benefits, activities, or opportunities.

1.   Hostile Environment Sexual Harassment includes conduct that is sufficiently severe, pervasive and objectively offensive that it alters the conditions of education or employment or institutional benefits of a reasonable person with the same characteristics of the victim of the harassing conduct. Whether conduct is harassing is based upon examining a totality of circumstances, including but not limited to:

a.      the frequency of the conduct;

b.      the nature and severity of the conduct;

c.      whether the conduct was physically threatening;

d.      whether the conduct was deliberate, repeated humiliation

         based upon sex;

e.      the effect of the conduct on the alleged victim’s mental or

         emotional state from the perspective of a reasonable

         person;

f.       whether the conduct was directed at more than one person;

g.      whether the conduct arose in the context of other
discriminatory conduct;

h.      continued or repeated verbal abuse of a sexual nature, such
as gratuitous suggestive comments and sexually explicit
jokes; and

i.       whether the speech or conduct deserves constitutional
protections.

2.   Quid Pro Quo Sexual Harassment exists when individuals in positions of authority over the complainant:

a.          make unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; and

b.         indicate, explicitly or implicitly, that failure to submit to or the rejection of such conduct will result in adverse educational or employment action or where participation in an educational program or institutional activity or benefit is conditioned upon the complainant’s submission to such activity.

C.        Retaliation is any attempt to penalize or take an adverse employment, educational or institutional benefit action, including but not limited to making threats, intimidation, reprisals or other adverse action, against a person because of  participation in a complaint or the investigation of discrimination, sexual harassment or sexual misconduct.

D.        Sexual Violence means physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. A number of acts fall into the category of sexual violence, including rape, sexual assault, sexual battery, sexual misconduct and sexual coercion. 

1.   Non-Consensual Sexual Intercourse is defined as, however slight, any sexual intercourse or penetration of the anal, oral, vaginal, genital opening of the victim, including sexual intercourse or penetration by any part of a person’s body or by the use of an object, by one person to another without consent or against the victim’s will. This definition includes rape and sexual assault, sexual misconduct, and sexual violence.

2.   Non-Consensual Sexual Contact is any intentional touching of the victim’s intimate body parts (primarily genital area, groin, inner thigh, buttock or breast), however slight whether clothed or unclothed, with any object or body part, without consent.  It also includes the touching of any part of a victim’s body using the perpetrator’s genitalia and/or forcing the victim to touch the intimate areas of the perpetrator.  This definition includes sexual battery and sexual misconduct.            

3.   Sexual Coercion is the act of using pressure (including physical pressure, verbal pressure or emotional pressure), alcohol, medications, drugs, or force to have sexual contact against someone’s will or with someone who has already refused.  This includes rape, sexual assault, sexual exploitation and sexual misconduct.

E.        Sexual Exploitation

Sexual exploitation occurs when a person takes non-consensual, unjust or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior may not otherwise constitute one of the other sexual misconduct offenses.

Examples of sexual exploitation include, but are not limited to:

1.   non-consensual video or audio-taping of any form of sexual activity;

2.  going beyond the boundaries of consent (such as letting a person or people hide in the closet to watch you having consensual sex your partner’s knowledge or consent);

3.   engaging in non-consensual voyeurism, such as observing sexual acts or body parts of another from a secret vantage point.

            F.         Consent

Consent is the act of willingly and verbally agreeing to engage in sexual contact or conduct.  Individuals who consent to sex must be able to understand what they are doing. Under this policy, “No” always means “No,” and the absence of “No” may not mean “Yes”. 

1.   Consent is informed, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding the conditions of sexual activity.

2.   Consent to one form of sexual activity cannot imply consent to other forms of sexual activity.

3.   Previous relationships or consent does not imply consent to future sexual acts.

4.   Consent cannot be procured by use of physical force, compelling threats, intimidating behavior, or coercion. Coercion is unreasonable pressure for sexual activity.

5.   In order to give effective consent, one must be of legal age and have the capacity to consent.  Incapacity may result from mental disability, intellectual disability, unconsciousness, age, or use of alcohol, drugs, medication, and/or other substances.

6.   Use of alcohol, medications, or other drugs will not excuse behavior that violates this policy.

II.        Duty to Report Sexual Harassment 

Any member of the University community may report conduct that could constitute sexual harassment/sex discrimination/sexual misconduct under this policy.  Additionally, supervisors, managers and other designated employees are responsible for taking all appropriate action to prevent sexual assault, discrimination and harassment, to correct it when it occurs, and to promptly report it to the Sexual Misconduct Officer or Equal Opportunity Officer/Title IX Coordinator (“EOO”) or other appropriate University official.  Failure to do so may result in disciplinary action up to and including termination.

A.             Sexual Misconduct Officer

The Sexual Misconduct Officer has primary responsibility for investigations, education and training associated with this Policy and for such other duties as assigned by the EOO, and reports directly to the EOO.  For complaints concerning actions governed by this Policy:

·       for the Norman campus or Norman-campus based programs offered at other locations (e.g. Tulsa Schusterman and Norman-based programs), please contact: the Sexual Misconduct Officer at: (405) 325-2215, Cate Center Building, Building 4, 338 Cate Center, Rooms 480-481. 

·      for Oklahoma City Health Sciences Center based programs, please contact the Sexual Misconduct Officer, at (405) 271-2110, Room 113 Service Center, Oklahoma City, Oklahoma. 

B.             Education and Training, Counseling Services and Interim Measures

The University requires volunteers who will be providing volunteer services for (four) 4 or more days within a calendar year to take the following educational-training courses on an annual basis, and all other employees must take the course at least once during their career, usually within the first week of service at the University.  Employees may be required to be recertified on demand.  Failure to have a certification of this required training may result in appropriate disciplinary action.  Students are advised and trained periodically through the Office of Student Affairs.

For students, the University offers:

*Training on sexual harassment/discrimination/violence, which is included in its mandatory alcohol training program.

*Informational website and brochures devoted to educating students www.ou.edu/sexualmisconduct

*Training (Step in, Speak Out) prevention workshop

With respect to cases of sexual harassment and sexual misconduct, the University offers services to the victim and will engage in a discussion concerning appropriate interim measures, e.g. class transfers, housing options, etc.

C.            Intentionally False Reports

Individuals who make reports that are later found to have been intentionally false or made maliciously without regard for truth may be subject to disciplinary action up to and including termination or expulsion.  This provision does not apply to reports made in good faith, even if the facts alleged in the report cannot be substantiated by an investigation.

D.            Free Speech and Academic Freedom

Members of the University community enjoy significant free speech protections guaranteed by the First Amendment of the United States Constitution.  This policy is intended to protect members of the University community from discrimination and is not designed to regulate protected speech.  No provision of this policy shall be interpreted to prohibit conduct that is legitimately related to course content, teaching methods, scholarship, or public commentary of an individual faculty member or the educational, political, artistic or literary expression of students in classrooms and public forums.  However, freedom of speech and academic freedom are not limitless and do not protect speech or expressive conduct that violates federal or state anti-discrimination laws.