What is Title IX?

第九条信息

• 性骚扰的定义, 性暴力/攻击, Domestic Assault, Dating Violence, and Stalking
  1. Sexual Harassment

     “Sexual Harassment” is conduct 以性别为基础 that constitutes 性骚扰的交换条件, 恶劣环境性骚扰, Sexual Assault, Domestic Violence, Dating Violence, or Stalking.

  2. 性骚扰的交换条件

     “性骚扰的交换条件” is an employee of the University conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual contact.

  3. 恶劣环境性骚扰

     “恶劣环境性骚扰” is unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person access to the University’s educational programs and activities.

     在确定是否存在敌对环境性骚扰, 大学将综合考虑各种情况, including factors such as the actual impact the conduct has had on the Complainant; the nature and severity of the conduct at issue; the frequency and duration of the conduct; the relationship between the parties (including accounting for whether one individual has power or authority over the other); the respective ages of the parties; the context in which the conduct occurred; and the number of persons affected. 一个人对行为的不良主观反应是不够的, in and of itself, 建立一个敌对环境的存在. 性骚扰可能包括但不限于:

     1. 不受欢迎的发展浪漫或性关系的努力;
     2. 对个人身体或性活动的不受欢迎的评论;
     3. Threatening to engage in the commission of an unwelcome sexual act with another person;
     4. Engaging in indecent exposure; voyeurism, or other invasion of personal privacy;
     5. Unwelcome physical touching or closeness that does not rise to the level of Sexual Assault; and
     6. 不受欢迎的与性有关的笑话或取笑，或基于性别的刻板印象, 包括基于性取向的刻板印象, gender identity, 性别表达.
  4. Sexual Assault

     “性侵犯”包括强奸的性犯罪, Sodomy, 有物体性侵犯, Fondling, Incest, 及法定强奸罪.

     1. “强奸”是一个人的肉体知识, 没有得到受害者的同意, including instances where the victim is incapable of giving consent because of the person’s age or because of the person’s temporary or permanent mental or physical incapacity. There is “carnal knowledge” if there is the slightest penetration of the vagina or penis by the sex organ of the other person. 包括强奸未遂.
     2. “鸡奸”是指与他人进行口交或肛交, 没有得到受害者的同意, including instances where the victim is incapable of giving consent because of the person’s age or because of the person’s temporary or permanent mental or physical incapacity.
     3. “有物体性侵犯” is using an object or instrument to unlawfully penetrate, however slightly, 肛门另一个人的生殖器或肛门开口, 没有得到受害者的同意, including instances where the victim is incapable of giving consent because of the person’s age or because of the person’s temporary or permanent mental or physical incapacity. An “object” or “instrument” is anything used by the offender other than the offender’s genitalia.
     4. “Fondling” is the touching of the private body parts of another person for the purpose of sexual gratification, 没有得到受害者的同意, including instances where the victim is incapable of giving consent because of the person’s age or because of the person’s temporary or permanent mental or physical incapacity.
     5. “Incest” is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Missouri law.
     6. “Statutory Rape” is sexual intercourse with a person who is under the statutory age of consent as defined by Missouri law.
  5. Domestic Violence

  “Domestic Violence” is felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, 与受害者有共同孩子的人, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Missouri, or by 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 Missouri.

  6. Dating Violence

  “Dating Violence” is violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Such a relationship is characterized by the expectation of affection or sexual involvement between the parties. The existence of such a relationship shall be determined based on a consideration of the (a) length of the relationship, (2)关系类型, (3)参与关系的人之间互动的频率.

  7. Stalking

  “Stalking” is engaging in a course of conduct (two or more incidents) directed at a specific person that would cause a reasonable person to: (a) Fear for their safety or the safety of others; or (b) Suffer substantial emotional distress.

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• 同意的定义

  “Consent” refers to words or affirmative actions that a reasonable person in the perspective of the Respondent would understand as agreement to engage in the sexual conduct at issue. 无行为能力的人没有能力给予同意. 同意必须是自愿的. 它不能通过身体暴力获得, threats, blackmail, 或者其他不合理的性行为压力. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. 以前的关系或事先同意并不意味着同意未来的性行为.

  为了给予有效的同意，一个人必须达到法定年龄. 在密苏里州，合法的同意年龄是14岁. (如果一个人超过18岁，但不到21岁，则同意年龄为14岁. 如果一个人超过21岁，他可能不会与17岁以下的人发生性关系.与14岁以下的人发生性行为是违反州法律和本政策的.

• 举报性骚扰(包括性暴力/性侵犯)

  报告应送交下列其中一名人士:

  • 在紧急情况下，拨打911
  • 执行主任/第九条协调员: Claudia D. Lyerly
• Know Your Rights

  Fundamental Rights of the Parties During Investigation and Determination of A Complaint

  在调查和解决投诉期间, 投诉人和被投诉人有平等的权利. They include:

  • 被告知调查程序, 正式解决程序, 非正式决议程序
  • 在整个过程的各个阶段都有一个支持他或她的人陪伴. The support person does not serve as an advocate or speak on behalf of the complainant or respondent, 可能不会积极参与任何诉讼, 并且必须同意对整个过程保密.
  • Similar and timely access to written statements and other evidence considered in the determination of the complaint
  • 作证权:以书面、口头或两种方式作证的权利
  • The right to identify and have considered the testimony of a reasonable number other witnesses
  • 辨认和考虑书面证据的权利
  • Equal access to review and comment upon any information independently developed by the Investigator
  • The right to receive written notice of the determination of the complaint from the Vice President for Student Life
  • 上诉权
  • 获得上诉结果书面通知的权利, 包括对之前决定所做的任何改变.