Definitions

Consent:  A freely and affirmatively communicated willingness to participate in sexual activity, expressed either by words or clear, unambiguous actions.  It is the responsibility of the initiator of the sexual activity to ensure he or she has the others person’s consent to engage in sexual activity.  Consent must be present throughout the sexual activity by all parties involved.  At any time, a participant can communicate that he or she no longer consents to the continuing activity. 

Consent may never be:

  1.  Obtained through the use of force, coercion, intimidation, or manipulation or if the individual is mentally or physically disabled or incapacitated, including through the use of drugs and/or alcohol, or
  2. Assumed because of the existence of a dating relationship between the persons involved or due to the existence of a current or previous sexual relationship between the persons.

 

Sexual Violence: means any physical act which is sexual in nature that is committed by force or without the full and informed consent of all persons involved. Sexual violence may include but is not limited to rape, sexual assault, sexual battery, and sexual exploitation. Sexual violence can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual violence can be committed by men or by women, and it can occur between people of the same or different sex.

Sexual Harassment: means behavior, including physical contact, advances, and comments in person, through an intermediary, and/or via phone, text message, email, social media, or other electronic medium, that is unwelcome; based on sex or gender stereotypes; and is so severe, pervasive and objectively offensive that it has the purpose or effect of substantially interfering with a person’s academic performance, employment or equal opportunity to participate in or benefit from University programs or activities or by creating an intimidating, hostile or offensive working or educational environment. Sexual Harassment may include but is not limited to:

(1) unwelcome efforts to develop a romantic or sexual relationship;(2) unwelcome commentary about an individual’s body or sexual activities;(3) threatening to engage in the commission of an unwelcome sexual act with another person;(4) stalking or cyberstalking;(5) engaging in indecent exposure; voyeurism, or other invasion of personal privacy;(6) unwelcome physical touching or closeness;(7) unwelcome jokes or teasing of a sexual nature or based upon gender or sex stereotypes; and (8) sexual violence, as defined below.

 

Sexual Misconduct:  Any unwelcome behavior of a sexual nature that is committed without consent or by force, intimidation, coercion, or manipulation.  Sexual misconduct can occur between persons of the same or different sex and is represented by a continuum of conduct from forcible rape and sexual assault to non-physical forms of pressure that compel individuals to engage in sexual activity against their will.  It includes any physical contact of a sexual nature that is committed either by force, coercion, intimidation, or manipulation or through the use of a person’s mental or physical incapacity, including incapacitation caused by the use of drugs or alcohol.

Dating Violence:  Violence that occurs between individual who are in a dating relationship.  For the purposes of this definition, “dating relationship” means a social relationship of a romantic nature.  In addition to any other factors the university may consider the following when making a determination of whether a relationship exists or existed:  Nature of the relationship, length of time the relationship existed, frequency of interaction between the parties and time since termination of the relationship, if applicable. 

Sexual Assault:  Includes any physical contact of a sexual nature that is committed either by force, coercion, intimidation, or manipulation or through the use of a person’s mental or physical incapacity, including incapacitation caused by the use of drugs or alcohol. 

The following definitions, adapted from the Kansas Statutes, are used by university personnel when conducting an investigation of sexual misconduct.  To access the original statute, please refer to http://kslegislature.org/li/b20132_14/statute/

Domestic Violence (K.S.A. 21-5111): The act or threatened act of violence against a person with whom the offender is involved or has been involved in a dating relationship, or an act or threatened act of violence against a family or household member by a family or household member.  Domestic violence also includes any other crime committed against a person or against property, or any municipal ordinance violation against a person or against property, when directed against a person with who the offender is involved or has been involved in a dating relationship or when directed against a family or household member by a family or household member.

For the purposes of this definition:

  1.  “Dating relationship” means a social relationship of a romantic nature. Factors used to establish a “dating relationship” include:
    1. Nature of the relationship,
    2. length of  time the relationship existed,
    3. frequency of interaction between the parties, and,
    4. time since termination of the relationship
    5. “Family or household member” means persons 18 years of age or older who are spouses, former spouses, parents or stepparents and children or stepchildren, and persons who are presently residing together or have resided together in the past, and persons who have a child in common regardless of whether they have been married or have lived together at any time.  Family or household member also includes a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time.

 

Sexual Intercourse (K.S.A. 21-5501)

(a) "Sexual intercourse" means any penetration of the female sex organ by a finger, the male sex organ or any object. Any penetration, however slight, is sufficient to constitute sexual intercourse.

Rape (K.S.A. 21-5503)

(1) Knowingly engaging in sexual intercourse with a victim who does not consent to the sexual intercourse under any of the following circumstances:

(A) When the victim is overcome by force or fear; or

(B) when the victim is unconscious or physically powerless;

(2) Knowingly engaging in sexual intercourse with a victim when the victim is incapable of giving consent because of mental deficiency or disease, or when the victim is incapable of giving consent because of the effect of any alcoholic liquor, narcotic, drug or other substance, which condition was known by the offender or was reasonably apparent to the offender;

(3) sexual intercourse with a child who is under 14 years of age;

(4) sexual intercourse with a victim when the victim's consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a medically or therapeutically necessary procedure; or

(5) sexual intercourse with a victim when the victim's consent was obtained through a knowing misrepresentation made by the offender that the sexual intercourse was a legally required procedure within the scope of the offender's authority.

Acquaintance Rape: Rape, which occurs by someone the victim knows.

Stalking (K.S.A 21-5427) (a) Stalking is:

(1) Recklessly engaging in a course of conduct targeted at a specific person which would cause a reasonable person in the circumstances of the targeted person to fear for such person's safety, or the safety of a member of such person's immediate family and the targeted person is actually placed in such fear;

(2) engaging in a course of conduct targeted at a specific person with knowledge that the course of conduct will place the targeted person in fear for such person's safety or the safety of a member of such person's immediate family; or

(3) after being served with, or otherwise provided notice of, any protective order included in K.S.A. 21-3843, prior to its repeal or K.S.A. 2013 Supp. 21-5924, and amendments thereto, that prohibits contact with a targeted person, recklessly engaging in at least one act listed in subsection (f)(1) that violates the provisions of the order and would cause a reasonable person to fear for such person's safety, or the safety of a member of such person's immediate family and the targeted person is actually placed in such fear.