Sexual Misconduct Charges

Sexual Misconduct Charges

1. SEXUAL HARASSMENT

        • Gender-based verbal or physical conduct 
        • that has the purpose or effect of
        • unreasonably interfering   
        • with an individual’s work or academic performance
        • or creates an intimidating, hostile, or offensive working or educational environment

Three Types of Sexual Harassment

A.  Hostile Environment  includes any situation in which there is harassing conduct that is sufficiently severe, pervasive/persistent and patently offensive so that it alters the conditions of education or employment, from both a subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint.  The determination of whether an environment is “hostile” must be based on all of the circumstances. 

B.  Quid pro quo sexual harassment exists when there are:

             1) unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; and 

             2) submission to or rejection of such conduct results in adverse educational or employment action.

C.  Retaliation The College will sanction a faculty, student or staff member who harasses, intimidates or otherwise retaliates against a person because of the person’s participation in an investigation of discrimination or gender-based misconduct.  Retaliation includes but is not limited to threats or actual violence against the person or their property, adverse educational or employment consequences, ridicule, taunting, bullying or ostracism.

The foregoing sexual harassment policy incorporates language suggested by Tom Trager, Associate Counsel to the University of Colorado, Boulder, and Brett Sokolow, from NCHERM.  The Consensual Relationships policy is adapted from Duke University.

2. NON-CONSENSUAL SEXUAL INTERCOURSE:

            Non-Consensual Sexual Intercourse is

            • any sexual intercourse (anal, oral, or vaginal),
            • however slight,
            • with any object,
            • by a man or woman upon a man or a woman,
            • without effective consent.

3. NON-CONSENSUAL SEXUAL CONTACT: 

           Non-Consensual Sexual Contact is

            • any intentional sexual touching,
            • however slight,
            • with any object,
            • by a man or a woman upon a man or a woman,
            • without effective consent.  

4. SEXUAL EXPLOITATION

Occurs when a student takes 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 other sexual misconduct offenses.  Examples of sexual exploitation include, but are not limited to:

            • prostituting another student; 
            • non-consensual video or audio-taping of sexual activity;
            • going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);
            • engaging in Peeping Tommery;
            • knowingly transmitting a sexually transmitted infection or HIV to another student.

Student Handbook Contact Info

Jim Wiltgen
Dean of Students
(501) 450-1222
wiltgen@hendrix.edu

Kesha Baoua
Assoc. Dean of Students;
Director of the Office of Student Rights and Responsibilities
(501) 450-1222
baoua@hendrix.edu

De Ann Huett
Administrative Assistant 
(501) 450-1222
huett@hendrix.edu

 

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