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Definitions Specific to Rocky Vista University

25 Feb, 2015
SEXUAL ASSAULT:
Rocky Vista University prohibits sexual assault, sexual battery, and other unlawful sexual activity, and offers programs aimed at the prevention of sexual offenses. These offenses are violations of state criminal law as well as the university's Student Code of Conduct. 

In considering sex offenses, the University refers to the laws of Colorado. While these laws are complex (containing a variety of technical definitions, distinctions between first- and second-degree offenses, situations constituting statutory rape, etc.), a summary of the basic elements of sexual assault, sexual battery and other serious sexual offenses would generally encompass the following:
• Non-consensual or coerced
• Sexual activity
• For purposes of sexual arousal, gratification, or abuse non-consensual sexual activity takes place when the victim does not or cannot because the victim is mentally or physically disabled, incapacitated or impaired, give intelligent, knowing and voluntary consent. While consent can be expressed in a variety of ways through words, attitude or action, a failure to resist does not, in and of itself, signify consent. Coercion includes force or violence or the threat of force or violence against the victim or someone else, or any other means calculated to cause submission against the victim's will.

Sexual activity includes not only intercourse, but any penetration into a genital or anal opening of a victim with a body part or any object. It also includes other sexual contact such as being touched by or being forced to touch (with your hand or any other part of your body) another person's sex organs, breasts, groin, buttocks or anus (whether clothed or unclothed) or being touched in or around any of these places (whether clothed or unclothed) by another person. When any of these activities appears to be for the purposes of sexual arousal, gratification, or abuse on the part of one person and is non-consensual or coerced on the part of the other person, it will constitute a sexual offense.

If there is reason to believe that Rocky Vista University's rules prohibiting sexual assault have been violated, either on or off campus, the administration may pursue disciplinary action through the University's conduct review process and/or through any other available procedures.

DOMESTIC VIOLENCE:
Includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person cohabiting with or has cohabited with the victim as a spouse, 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 the jurisdiction.

In Colorado, Domestic Violence (1) constitutes an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic Violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship. (2) “Intimate relationship” means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.

DATING VIOLENCE:
Under Colorado Law, Dating Violence is considered Domestic Violence.

STALKING:
Means engaging in a course of conduct directed at a specific person that would cause a reasonable person to—a) fear for his or her safety or the safety of others; or b) suffer substantial emotional distress. Per Colorado Law, stalking is committed if directly, or indirectly through another person, such person knowingly:
(I) Makes a credible threat to another person and, in connection with such threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship; or
(II) Makes a credible threat to another person and, in connection with such threat, repeatedly makes any form of communication with that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or
(III) Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this sub-paragraph (III), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress.

CONSENT:
Is defined by Colorado law as cooperation in act or attitude pursuant to an exercise of free will and with knowledge of the nature of the act. A current or previous relationship shall not be sufficient to constitute consent under the provisions of this part 4. Submission under the influence of fear shall not constitute consent. Nothing in this definition shall be construed to affect the admissibility of evidence or the burden of proof in regard to the issue of consent under this part 4. Part 4 “Sexual contact" means the knowing touching of the victim's intimate parts by the actor, or of the actor's intimate parts by the victim, or the knowing touching of the clothing covering the immediate area of the victim's or actor's intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse.