Offenses Defined

• Sexual Assault:

  • Non-consensual Sexual Intercourse: Forced or coerced penetration of the vagina, anus, or mouth, by any part of the accused person’s body or by use of an object, upon the accuser without consent. The accused person committing the act also knows or has reason to know at the time of the act that the accuser did not or could not consent.

  • Non-consensual Sexual Contact: Any intentional touch/contact of a sexual nature with the breasts, buttocks, groin, genitals, mouth, or other body part of the accused person upon the accuser’s intimate or other areas of the body, clothed or unclothed. This also includes the accused person forcing the accuser to touch the accused person’s intimate areas.

• Dating Violence: Sexual or physical violence against a person when the accuser and accused are dating, or who have dated, or who have or had a sexual relationship. By “dating” it is meant that the accused and accuser are or have been in a social relationship of a romantic or intimate nature. Violence includes, but is not limited to:

  • Causing or attempting to cause physical injury on the accuser by other than accidental means.
  • Threatening or placing the accuser in fear of physical harm.
  • Using physical restraint against the accuser.
  • Causing malicious damage to the personal property of the accuser.

• Domestic Violence: Sexual and/or physical abuse or the threat of such abuse committed by a person who is a current or former spouse and who is also inflicting violence upon adult or minor children of the person in the relationship, lives with or has lived with the person against whom the violence is committed, or is related by blood or adoption to the person against whom the violence is committed. Violence includes, but is not limited to:

  • Inflicting or attempting to inflict physical injury on the accuser by other than accidental means.
  • Threatening or placing the accuser in fear of physical harm.
  • Using physical restraint against the accuser.
  • Causes malicious damage to the personal property of the person against whom the violence is committed.

• Stalking: Engaging in a willful course of conduct directed at a specific person that would cause a reasonable person to feel frightened, intimidated, threatened, harassed, to fear for one’s personal safety or the safety of others, and to suffer substantial emotional distress. The stalker commits 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, threatens, or communicates with or about a person, or interferes with a person’s property.

• Retaliation: APSU expressly prohibits acts or attempted acts to retaliate, intimidate, threaten, coerce, seek retribution, or otherwise discriminate against any person who:

  • Opposed conduct prohibited by this policy.
  • Reported sexual violence to APSU in good faith.
  • Participated (or is reasonably expected to participate) in good faith in any manner in an investigation, proceeding, hearing, or interim measures under this policy. 
  • When APSU receives notice of alleged retaliation, the University will take immediate, appropriate steps to investigate the alleged retaliation. If APSU determines that retaliation has occurred, strong responsive action will be taken up to and including termination or expulsion.

• Consent: An informed decision, freely given, made through mutually understandable words or actions that indicate a willingness to participate in mutually agreed upon sexual activity.

  • Consent CANNOT be given by an individual who is asleep; unconscious; mentally or physically incapacitated, either through the effect of drugs or alcohol or for any other reason; or, is under duress, threat, coercion, or force. Past consent does not mean future consent. Silence or an absence of resistance does not imply consent. Consent can be withdrawn at any time, even during the sexual activity itself.

• Complainant: Anyone who reports an incident of sexual discrimination covered by this policy.

• Respondent: Anyone against whom a report or allegation of sexual discrimination is made.