Sexual Misconduct Definitions
Baton Rouge Community College uses federal and state definitions when making decisions regarding sexual misconduct.
I. Consent and Misconduct Terms
- Consent
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An affirmative decision to engage in mutually agreed upon sexual activity, given by clear words or actions.
- Must be knowing and voluntary, existing from beginning to end of each instance.
- Silence alone does not demonstrate consent.
- Can be withdrawn by any person at any time; sexual activity must cease immediately.
- The person initiating sexual activity is responsible for obtaining consent.
- Assent obtained through coercion or from an incapacitated individual does not constitute consent.
- Incapacitation
- When an individual is manifestly unable to make a knowing and deliberate choice to engage in sexual activity due to mental or physical condition. Individuals who are asleep, unresponsive, or unconscious are incapacitated. Intoxication can lead to incapacitation, with indicators including slurred speech, inability to communicate coherently, loss of coordination, or vomiting.
- Coercion
- The use of explicit or implied threats, intimidation, or physical force which places an individual in fear of immediate harm or causes them to engage in unwelcome sexual activity. Includes administering a drug/intoxicant to impair a person's ability to consent.
- Sexual Harassment
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- Quid Pro Quo: Submission to or rejection of the conduct is made a term or condition of employment/education, or is used as the basis for a decision affecting that person.
- Hostile Environment: The conduct unreasonably interferes with a person's employment or education, or creates an intimidating, hostile, or offensive environment.
Note: This includes harassment/discrimination based on a person’s sex/gender or nonconformity with gender stereotypes. For BRCC policy, all forms are referred to as "sexual misconduct."
- Sexual Exploitation
- An act attempted or committed by a person for sexual gratification, financial gain, or other advancement through the abuse or exploitation of another person’s sexuality. Examples include non-consensual observation or recording of intimate acts, or knowingly exposing an individual to a sexually transmitted infection without their knowledge.
- Sex Discrimination
- Conduct that limits or denies a student or an employee’s right to benefit from educational or employment programs, services, or resources based on a person’s gender.
- Harassment (General)
- Physical, verbal and visual conduct that creates an intimidating, offensive, or hostile environment, which interferes with work performance. Includes harassment based on race, sex, sexual orientation, disability, and all other protected bases.
- Hostile Environment
- Conduct which results in an environment that is no longer conducive to a student’s ability to learn or an employee’s ability to work productively and/or effectively.
- Sexually-Oriented Criminal Offense
- Any sexual assault or sexual abuse offense as defined in La. R.S. 44:51 and La. R.S. 14:403.
II. Violence and Stalking
- Stalking
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The intentional and repeated following or harassing of another person that would cause a reasonable person to feel alarmed or to suffer emotional distress (LA R.S. 14:40.2). This includes repeated uninvited presence at a person's home, workplace, or school, or repeated nonverbal/verbal communication (calls, emails, social media, text messaging, etc.) that causes alarm or distress.
Psychological and Behavioral Typologies:
- Rejected Stalker: Seeks reconciliation or revenge after a relationship ends.
- Resentful Stalker: Seeks revenge for a perceived injustice or humiliation.
- Intimacy Seeker: Driven by loneliness and delusional beliefs of a relationship.
- Incompetent Suitor: Socially unskilled, seeks a relationship but ignores rejection.
- Predatory Stalker: Prepares for a sexual assault or violent attack (rarest, often most dangerous).
- Dating Violence (Intimate Partner Violence)
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The violent conduct that occurs by any person who is or has been in a social relationship of a romantic or intimate nature with the victim (LA R.S. 46:2151).
Factors considered in the relationship determination:
- The length of the relationship
- The type of relationship
- The frequency of interaction between the persons involved
Includes physical, sexual, psychological, or emotional abuse, and stalking. Used for Clery Act reporting.
- Domestic Violence (Domestic Abuse)
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The intentional use of force or violence against another household member. A household member includes a current or former spouse or intimate partner, a person with whom the victim shares a child, or a person cohabitating/formerly cohabitating as a spouse/intimate partner.
- Family Violence
- Any assault, battery, or other physical abuse which occurs between family or household members, who reside together or who formerly resided together (La. RS 46.2121.1(2)).
- Violation of Victim Protection Orders
- The willful disobedience of any court-issued protective order (preliminary, permanent, temporary restraining, or criminal stay-away order) (14:79).
- Pattern of Conduct
- A series of acts over a period of time, however short, evidencing an intent to inflict a continuity of emotional distress upon the person.
III. Roles and Process Terms
- Complainant
- An individual who brings or files the complaint of sexual misconduct or discrimination.
- Respondent
- An individual against whom a sexual misconduct or discrimination complaint is brought (before validation through investigation).
- Victim
- An individual who, after all due investigation and/or adjudication, has been found to be the target of any sexual misconduct or discrimination.
- Perpetrator
- An individual found guilty or responsible of sexual misconduct or discrimination.
- Responsible Employee
- College employees designated with the authority and duty to report suspected or known sexual harassment/misconduct to the Title IX Coordinator or Campus Police. Employees authorized by law to keep information confidential (e.g., Counseling Staff) are not designated as mandated reporters.
- Confidential Advisor
- A person assigned (if requested) to aid and consult with the student or employee filing the complaint as a confidential resource. They do not act as a spokesperson and maintain confidentiality except where required by state/federal laws.
- College Title IX Administrators
- The College Title IX Coordinator, Deputy Title IX Coordinators, and/or Campus Title IX Coordinators.
- Retaliation
- Acts or attempted acts intended to interfere with any report, investigation, or proceeding, or as retribution against anyone who reported misconduct. Title IX prohibits Retaliation.
- Bystander Intervention
- A philosophy and strategy for the prevention of various types of violence (including harassment, assault, and intimate partner violence) based on the fact that people's decisions and behaviors are influenced by the reactions they get from others.