There are several definitions outlined within the Student Sexual Misconduct Policy and they are commonly referred to within consent and sexual violence education literature. These definitions are outlined below to help you understand the different types of behaviours that constitute Sexual Misconduct.
Sexual Misconduct is any unwanted action carried out through sexual means or by targeting sexuality. Sexual misconduct is also any attempt or threat to commit an act of sexual violence.
- Sexual Assault
- Sexual Exploitation
- Sexual Harassment
- Intimate Partner Violence, including Dating Violence and Domestic Violence
- Sexual Cyber Harassment/Cyber Stalking
- Indecent Exposure
- the distribution of a sexually explicit photograph or video of a person to one or more people, without the consent of the person in the photograph or video and with the intent to distress the person in the photograph or video
- the attempt to commit an act of sexual misconduct; and
- the threat to commit an act of sexual misconduct.
Sexual Assault is assault of a sexual nature that violates the sexual integrity of the victim, including non-consensual sexual touching and non-consensual sexual penetration. Sexual assault:
- Includes a range of unwelcome sexual activities including oral contact (kissing), groping, touching, oral sex, vaginal or anal penetration
- Can occur if the person accused is a spouse, an intimate or dating partner, a friend or acquaintance, a known person in a position of authority or a complete stranger
- Can occur between individuals regardless of sexual orientation, sex, or gender identity
- Can occur when an individual engages in sexual activity with another person they know, or reasonably ought to have known, is mentally or physically incapacitated (i.e., by drug or alcohol use, unconsciousness, blackout, or as a result of a disability)
Examples of sexual assault include:
- Having sexual contact with an unconscious or semi-conscious person
- Having sexual contact with someone who is asleep or passed out
- Having sexual contact with someone who has said or otherwise indicated "no"
- Having sexual contact with someone who is not reciprocating body movement
- Allowing another person to have sexual contact with your partner without his or her consent
- Having someone perform sexual acts as a condition of acceptance into an organization affiliated with the College.
Sexual Exploitation includes the misuse of power or trust by a person in a position of power or trust a person for a sexual purpose or purposes. Sexual exploitation also occurs where a person offers drugs, food, shelter, protection, money, or the basics of life in exchange for sex or sexual acts from another person.
Examples of Sexual Exploitation include:
- Seeking the exchange of sex or sexual acts from a person in return for drugs, alcohol, food, shelter, protection, money, basics of life, or some other benefit
- Trafficking (recruitment, transportation, harbouring and/or exercising control, direction or influence over the movements of a person in order to exploit that person, typically through sexual exploitation or forced labor) an individual regardless of benefit
- Allowing a third party to watch a consensual sexual contact without the permission of both parties involved in the sexual act
- Enticing a child for sexual purposes
- Knowingly giving another a sexually transmitted infection (STI) or HIV.
- Allowing others to have sex with an incapacitated person
- Exchange for improved grades and/or power/trust dynamics
Sexual Harassment includes unwanted remarks, behaviours, or communications of a sexually oriented nature and/or targeting sex or gender identity where the person responsible for the remarks, behaviours, or communications knows or should have reasonably known that they are unwanted.
Examples of sexual harassment include:
- Unwanted sexual solicitations, advances, remarks, suggestive comments and gestures (including songs and chants)
- The inappropriate display of sexually suggestive pictures, posters, objects, or graffiti
- Posting of sexually explicit pictures or video without consent
- Unwanted physical contact of a sexual nature
- Sexual contact that interferes with a person’s dignity or privacy, such as voyeurism and exhibitionism
Intimate Partner Violence (Dating Violence and Domestic Violence)
Intimate Partner Violence (IPV) is a form of sexual misconduct by someone against a person who is, or has been involved in, a sexual, dating, spousal, familial/domestic, or otherwise intimate relationship with that person. IPV can encompass a range of behaviours including physical violence, sexual violence, psychological and/or emotional violence, and financial abuse. It can involve one act or an ongoing pattern of behaviour, and can involve threats, assault, property damage, or threat of harm to one's self, one's sexual or romantic partner, one's pets, or to the family members or friends of the sexual or romantic partner.
Two types of IPV covered in CNC's Student Sexual Misconduct Policy are Dating Violence and Domestic Violence.
- physical acts of assault or threats of assault, detainment, or unwanted touching committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim of the violence.
- physical acts of assault or threats of assault, detainment, or unwanted touching committed by a current or former spouse or intimate partner of the victim, a person with whom the victim shares a child in common, a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, or an immediate family member.
Examples of Intimate Partner Violence:
- Physically assaulting a dating or spousal partner
- Threatening to harm a dating partner
- Threatening self-harm in order to get an intimate partner to do something (like not go out with friends, spend time with family, or go to school or work)
- Forcibly taking away or destroying an intimate partner's cell phone
- Intentionally deleting an intimate partner's social media accounts
- Physically assaulting your child
- Repeatedly calling your intimate partner demeaning names, screaming/yelling/throwing things at your intimate partner, displaying a weapon in front of your intimate partner in a threatening way, and/or forcing your intimate partner to do things sexually without their consent.
Stalking means engaging in behaviours and conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or to suffer substantial emotional distress.
These behaviours include, but are not limited to:
- Surveilling/watching or walking/driving by the residence of a specific person on more than one occasion when a reasonable person would know the behaviour causes fear or substantial emotional distress to the person targeted
- Repeatedly communicating with someone that does not want to be communicated with
- Persistently following a person or lying in wait for them
- Sending unwanted gifts
Sexual Cyber Harassment/Cyber Stalking
Sexual Cyber Harassment and Cyber Stalking means the use of technology to engage in any of the behaviours listed under the definition of stalking (see above). Often acts of cyber stalking include the use of technology to harass, intimidate, and/or frighten others through repeated, unsolicited, threatening behaviour of a sexual nature and/or targeting sexual orientation or gender identity.
Indecent or Sexualized Exposure
Indecent Exposure involves exposing one’s body to another individual for a sexual purpose without their consent.
Voyeurism includes the recording or observation (in-person, electronically, or otherwise) of another individual without their consent for a sexual purpose in circumstances where there is a reasonable expectation of privacy.