Non-Consensual Sexual Intercourse (or Rape):  Non-Consensual Intercourse includes vaginal penetration however slight, by a penis, object, tongue or finger, anal penetration by a penis, object, tongue or finger, and oral copulation, mouth to genital contact or genital to mouth contact without a non-intoxicated, verbal, mutually understood “Yes”. 

Non-Consensual Sexual Contact:  Non-Consensual Sexual Contact is any touching however slight, with any object or body part, of the breasts, buttocks, groin, or genitals, or touching either directly or through clothing, or making a person touch another or himself/herself on the breasts, buttocks, groin or genitals, either directly or through clothing without consent.  Non-Consensual Sexual Contact includes disrobing or exposure of breasts, buttocks, groin or genitals to any individual”. 

Sexual violence (including sexual assault and intimate partner violence), coercion, stalking or harassment against individuals, whether perpetrated by a stranger or acquaintance, whether occurring on or off campus, and whether directed against a member of the campus community or someone outside of the campus community, will not be tolerated and can lead to university judicial action and/or civil action.

The 1992 Amendment to the Higher Education Reauthorization Act requires institutions to develop educational programs to promote awareness of rape, acquaintance rape and other forcible and non-forcible sex offenses. Lakeland University recognizes the need to promote such educational programs and has completed programs through new student orientation and special workshops held on campus.

Lakeland University recognizes that sexual assaults occur under a variety of circumstances:

·  On- and off-campus

·  Between people of any gender or sexual identity 

·  Between students, faculty, staff, alumni, and visitors to campus 

·  Where consent existed and was retracted

·  When impaired by drugs and/or alcohol 

·  Regardless of any previous interaction or relationship 

No matter what the circumstances, sexual assault violates the standards of acceptable behavior at Lakeland University. 

If you are a victim of sexual assault or misconduct, please refer to the on campus resources and reporting options or off campus resources and reporting options in this handbook. 

State or Federal Law 

Lakeland University students are subject to the Wisconsin State Statues and federal laws regarding sexual assault and other sex related acts.  Violation of state or federal laws may also be a violation of the university discipline code. 

Wisconsin law makes no reference to the gender of either the victim or assailant. Sexual assault victims of any gender are protected by the law, and assailants of any gender can be prosecuted under the law. For more information, review the Wisconsin State Statute 940.225 at http://www.legis.state.wi.us/rsb/stats.html. 

Consent

Consent in Wisconsin law provides that consent can be given by an adult through express words or overt actions by a person competent to give consent.  A person who suffers from a mental defect, diminished capacity or who is unconscious is presumed incapable of giving consent.

Lakeland University requires that consent to sexual activity be informed, freely and actively given through the demonstration of clear words or actions that a person has indicated permission to engage in mutually agreed-upon sexual activity.  Consent cannot be obtained by force which includes the use of physical violence, threats, intimidation or coercion. 

Consent cannot be obtained by taking advantage of the incapacitation of another where the person initializing sexual activity should have reasonably known the other lacks the ability to make rational and informed judgements whether to engage in sexual activity.  A person who has consumed alcohol or drugs may be incapacitated yet appear lucid and conscious so sexual activity following the ingestion of drugs or alcohol should be exercised with caution.

Consenting to one type of sexual behavior does not constitute consent for other types of sexual behavior.  Additionally, previous consent to sexual activity does not constitute consent to future sexual activity.  Consent can be withdrawn at any time through clear words or actions that an individual wants the sexual activity to cease.  Once consent is withdrawn the sexual activity is to cease immediately.

Having sex with someone you know to be, or whom you should know to be, beyond their normal cognitive function is a violation of the Lakeland University Sexual Assault policy. Sexual contact with anyone who is inebriated, mentally or physically impaired, or incapacitated is a violation of this policy. People who have a mental illness or deficiency, are unconscious for any reason, or are physically unable to communicate are assumed to be incapable of giving consent.  If any of the following are present, consent cannot be given:

·  Force is the use of physical violence and/or imposing on someone physically to gain sexual access.  Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent.

·  Threats are words or actions that would compel a reasonable person to engage in sexual activity.

·  Intimidation is an implied threat that may cause another to have reasonable fear for their safety.

·  Coercion is unreasonable pressure for sexual activity.  Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another.

·  Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand “who, what, where, when or how” of their sexual interaction).  Sexual activity with someone who you should know to be, or based on the circumstances should reasonably have known to be, mentally or physically incapacitated constitutes a violation of this university policy.  University policy covers a person whose incapacity results from mental disability, sleep, involuntary physical restraints, or form taking drugs or other substances.

Silence or inaction does not constitute consent.  Returning to an individual’s room, being physically aroused, removing clothing, stroking, assenting to dancing or cuddling, obtaining contraception, etc. do not constitute consent.  

Sexual Exploitation

Sexual Exploitation occurs when a person takes a non-consensual 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 does not otherwise constitute one of the other sexual misconduct offenses.  Examples of sexual exploitation include, but are not limited to, invasion of sexual privacy; prostituting another person; non-consensual recording or broadcast of sexual activity; going beyond the boundaries of consent (such as letting another person hide in a closet to watch another having consensual sex; engaging in voyeurism; knowingly transmitting and STD or HIV to another person; exposing one’s genitals in non-consensual circumstances – inducing another to expose their genitals; and sexually-based stalking, bullying and cyberbullying.

Intimate Partner Violence (Dating Violence, Domestic Violence)*

Intimate Partner Violence includes any act of violence committed by a current or former spouse or intimate partner of the complainant, by a person with whom the complainant shares a child in common, by a person cohabitating with or has cohabitated with the complainant as a spouse or intimate partner.

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 complainant.  The existence of such relationship shall be based on a consideration of three factors: (1) The length of the relationship; (2) The type of relationship; and (3) The frequency of interaction between the persons involved in the relationship.

Any form of physical abuse or intimidation is prohibited in the residence halls or anywhere on Lakeland University campus.  Physical abuse and/or intimidation may invoke the Wisconsin Mandatory Arrest Law for domestic abuse. This law provides for the mandatory arrest of any person who commits any of the following acts against a roommate or former roommate:

·  Intentional infliction of physical pain, injury or illness.

·  Intentional impairment of physical condition.

·  Sexual assault.

·  A physical act or threat in conjunction with a physical act, that may cause the other to reasonably fear imminent engagement in the conduct described above.

*Intimate Partner Violence includes “dating violence” and “domestic violence,” as defined by the Violence Against women Act (VAWA), 2006.

Stalking

Stalking occurs when a person engages in a course of conduct directed at a specific individual under circumstances that would cause a reasonable person to fear bodily injury or substantial emotional distress.  Stalking is a form of violence and includes, for example, repeatedly contacting, following or threatening a romantic partner, friend or stranger without his/her permission. Stalking creates fear and often, but not always, is a form of sexual violence. Examples of stalking behavior include physically approaching another, emailing, texting, Facebook, phoning, leaving gifts or gathering personal information about a person from others. These actions, when they are without the person’s consent, are considered personal violations and can result in student disciplinary action and/or legal consequences.

Course of conduct: Means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

Reasonable person: Means a reasonable person under similar circumstances and with similar identities to the victim.

Substantial emotional distress: Means significant mental suffering or anguish that may, but does not necessarily require medical or other professional treatment or counseling.

Sexual or Gender-Based Harassment

Sexual harassment includes “unwelcome conduct of a sexual nature and can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature, such as sexual assault or acts of sexual violence.” (US Dept. of Ed. Office for Civil Rights)

Hostile Environment 

The US Department of Education and Justice defines “hostile environment” as an occurrence where a student is sexually harassed and the harassing conduct is sufficiently serious to deny or limit the student’s ability to participate in or benefit from the program.  In determining whether this denial or limitation has occurred, Lakeland will examine all relevant circumstances from an objective and subjective perspective, including:

·  The type of harassment (verbal or physical);

·  The frequency and severity of the conduct;

·  The age, gender, and relationship of the individuals involved;

·  The setting and context of the alleged harassment;

Complicity

Complicity is any act taken to aid, abet, facilitate, promote or encourage a prohibited act by another person.

Students who have been sexually assaulted, have witnessed a sexual assault or have information about a sexual assault are urged to report the information to the either the Lakeland University Safety and Security Office, the Division of Student Affairs and/or to the Sheboygan County Sheriff's Department.  

Sexual Misconduct Statement

Sexual Misconduct is a range of behaviors including, but not limited to, sexual assault, intimate partner violence, stalking, retaliation, sexual or gender-based harassment, complicity and sexual exploitation. Students are subject to criminal statutes and various federal, state and local laws which regulate civil conduct including sexual misconduct. The university is also bound by and supports all applicable laws. Consistent with the law, Lakeland University intends to provide a safe and welcoming campus environment. Lakeland University offers educational programming to promote the awareness of rape, acquaintance rape and other sexual misconduct, forcible and non-forcible. There are instances where conduct or content of a sexual nature is a legitimate part of the curriculum, whereas the same conduct might be sexual harassment in another context. Reports of sexual misconduct will be taken seriously and incidents will be responded to appropriately and in a timely manner. To report issues of sexual misconduct please contact the Department of Safety and Security at 920-565-1126 Ext. 1126 or 920-565-1000 Ext. 2501.

Reporting and Confidentiality

The university will make all reasonable attempts to protect the identity of persons who report having been victims of sexual assault, intimate partner violence, stalking, retaliation, sexual or gender-based harassment sexual exploitation.  However, reporting individuals should be aware the university’s confidentiality and mandating reporting obligation in order to make informed choices.  Some “confidential employees” such as the campus counselors, nurse, and chaplain offer confidentiality without the obligation to inform anyone unless the complainant wants them.  Other university faculty and staff (including RA’s) are considered “mandatory reporters” and must inform a Title IX team member who, in turn, must contact law enforcement for reporting purposes.  It is important to note the complainant still maintains the choice of whether or not to file an official report with law enforcement or campus officials. If a complainant decides not to pursue the case through the university’s judicial system, the university may decide to pursue the case if they feel campus safety is a concern.  Information regarding the case will only be told to individuals with a need to know.  

Reporting Sexual Misconduct

If you feel you are or have been the victim of sexual misconduct do the following;

·  Report the incident to a confidential employee if you wish to report sexual misconduct and wish to have the incident remain confidential (see “confidential employees” below);

·  Report the incident to a mandatory reporter (see “mandatory reporters” below);

·  If applicable do not disturb any evidence; this includes bedding, clothing, e-mails, texts or anything that may assist in an investigation.

·  If sexually assaulted, do not shower, wash yourself or go to the bathroom.

·  If sexually assaulted, it is advised to get medical attention at a hospital.

All reports of sexual assault/misconduct are kept on file in the Office of Residential Life and/or the Security Office for use in reports required by the Clery Act (http://www.lakeland.edu/security).  Reported incidents will show up in campus crime statistics without identifying the person filing the report.  

Reporting to a Confidential Resource 

On campus, some resources may maintain confidentiality, meaning they are not required to report actual or suspected Prohibited Conduct to other University officials, thereby offering options and advice without any obligation to inform an outside agency or individual unless the Reporting Party requests the information be shared.