Sexual Assault – A person who knowingly has sexual contact with another person, or who causes another person to have sexual contact with that person, is guilty of an offense if: 1) That person knows or has reasonable cause to believe that the contact is offensive to the other person; 2) That person knows or has reasonable cause to believe that the other person suffers from a mental disease or defect which renders that other person incapable of understanding the nature of that other person’s conduct; 3) That person or someone with that person’s knowledge has substantially impaired the victim’s power to appraise or control the victim’s conduct, by administering or employing without the victim’s knowledge intoxicants, a controlled substance as defined in NDCC chapter 19-03.1,or other means for the purpose of preventing resistance; 4) That person is in official custody or detained in the hospital, prison, or other institution and the actor has supervisory or disciplinary authority over that other person; 5) That other person is a minor, fifteen (15) years age of age or older, and the actor is the other person’s parent, guardian, or is otherwise responsible for general supervision of the other person’s welfare; or The other person is a minor, fifteen (15) years of age or older, and the actor is an adult.

NDCC sexual assault definition used as Title IX/Code of Conduct definition

Domestic Violence – Includes physical harm, bodily injury, sexual activity compelled by physical force, assault, or the infliction of fear of imminent physical harm, bodily injury, sexual activity compelled by physical force, or assault, not committed in self-defense, on the complaining family or household members.

NDCC domestic violence definition used as Title IX/Code of Conduct definition

State of North Dakota does not recognize the term ‘dating violence;’ as such the term is not included in Title IX policy/Code of Conduct.

Stalking 1) As used in NDCC section 12.1-17-07.1: a. “Course of conduct” means a pattern of conduct consisting of two or more acts evidencing a continuity of purpose. The term does not include constitutionally protected activity. b. “Immediate family” means a spouse, parent, child, or sibling. The term also includes any other individual who regularly resides in the household or who within the prior six (6) months regularly resided in the household. c. “Stalk” means to engage in an intentional course of conduct directed at a specific person which frightens, intimidates, or harasses that person, and that serves no legitimate purpose. The course of conduct may be directed toward that person or a member of that person’s immediate family and must cause a reasonable person to experience fear, intimidation, or harassment. 2) No person may intentionally stalk another person. 3) In any prosecution under this section, it is not a defense that the actor was not given actual notice that the person did not want the actor to contact or follow the person; nor is It a defense that the actor did not intend to frighten,

intimidate, or harass the person. An attempt to contact or follow a person after being given actual notice that the person does not want to be contacted or followed is prima facie evidence that the actor intends to stalk that person. 4) In any prosecution under this section, it is a defense that a private investigator licensed under NDCC chapter 43-30 or a peace officer licensed under NDCC 12-63 was acting within the scope of employment. 5) If a person claims to have been engaged in a constitutionally protected activity, the court shall determine the validity of the claim as a matter of law and, if found valid, shall exclude evidence of the activity. 6) A person who violates this section is guilty of a class C felony if: a. The person had previously been convicted of violating NDCC sections 12.1-17-01, 12.1-17-01.1, 12.1-17-02, 12.117-04, 12.1-17-05, or 12.1-17-07, or a similar offense from another court in North Dakota, a court of record in the United States, or a tribal court, involving the victim of stalking. b. The stalking violates a court order issues under NDCC chapter 14-07.1 protecting the victim of the stalking, if the person had notice of the court order; or c. The person previously has been convicted of violating this section. If subdivision does not apply, a person who violates this section is guilty of a class A misdemeanor.

NDCC stalking definition used as Title IX/Code of Conduct definition

Consent 1) Consent is: a. Words or actions showing a clear, knowing, and voluntary agreement to engage in mutually agreed upon sexual act; or b. An affirmative decision given by clear actions or words. 2) Consent may not be inferred from: a. Silence, passivity, or lack of resistance alone. b. A current or previous dating or sexual relationship. NOTE: It is important to obtain explicit consent from any sexual partner and not to make assumptions. If confusion or ambiguity on the issue of consent arises anytime during the sexual interaction, it is essential that each participant stops and makes verbal clarification of willingness to continue. Consent to one form of sexual act does not imply consent to other forms of sexual act(s). 

NDCC consent definition used as Title IX/Code of Conduct definition