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Definitions Specific to My School

1 Dec, 2022
  • Domestic Violence: (1) A felony or misdemeanor crime of violence committed — (i) By a current or former spouse or intimate partner of the victim; (ii) By a person with whom the victim shares a child in common; (iii) By a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; (iv) By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or (v) 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 the jurisdiction in which the crime of violence occurred.
  • Dating Violence: (1) Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. (1) The existence of such a relationship shall be determined by the victim with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. (2) For the purpose of this definition – (i) Dating violence includes sexual or physical abuse or the threat of such abuse. (ii) Dating violence does not include acts covered under the definition of domestic violence. 
  • Sexual Assault: Physical sexual acts perpetrated against a person’s will or when a person is incapable of giving consent (for example, due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the student from having the capacity to give consent). This includes, but is not limited to rape, fondling, incest and statutory rape. For the purposes of complying with the requirements of this section, any incident meeting this definition is considered a crime for the purpose of Clery Act reporting.
  • Stalking (1) Engaging in a course of conduct directed at a specific person that would cause a reasonable person to – (i) Fear for his or her safety or the safety of others; or (ii) Suffer substantial emotional distress. 2) For the purpose of this definition-- 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. (i) Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. (ii) Reasonable person means a reasonable person in the victim’s circumstances.