Defining Sex Discrimination & Misconduct

College Policy on Nondiscrimination 

Geneva College does not discriminate against any employee, applicant for employment, student or applicant for admission on the basis of race, color, sex, disability, national and ethnic origin in the administration of its educational policies, admissions policies, scholarships and loan programs, and athletic and other school-administered programs.

When brought to the attention of the College, any such discrimination will be appropriately addressed and remedied by the College. Non-members of the campus community who engage in discriminatory actions within College programs or on College property are not under the jurisdiction of this policy, but can be subject to actions that limit their access and/or involvement with College programs as the result of their misconduct. All vendors serving the College through third-party contracts are subject by those contracts to the policies and procedures or their employers.

Sexual Misconduct

State law defines various violent and/or non-consensual sexual acts as crimes. While some of these acts may have parallels in criminal law, Geneva College has defined categories of sex discrimination as sexual misconduct, as stated below, for which action under this policy may be imposed. Generally speaking, the College considers Non-Consensual Sexual Intercourse violations to be the most serious of these offenses, and therefore typically imposes the most severe sanctions, including suspension or expulsion for students and termination for employees. However, the College reserves the right to impose any level of sanction, ranging from a reprimand up to and including suspension or expulsion/termination, for any act of sexual misconduct or other sex-based offenses, including intimate partner (dating and/or domestic) violence, non-consensual sexual contact and/or stalking based on the facts and circumstances of the particular allegation. Acts of sexual misconduct may be committed by any person upon any other person. Violations include:

Sexual Harassment

The Department of Education’s Office for Civil Rights (OCR), the Equal Employment Opportunity Commission (EEOC) and the State of Pennsylvania regard sexual harassment as a form of sex discrimination and, therefore, as an unlawful discriminatory practice.  Geneva College has adopted the following definition of sexual harassment, in order to address the special environment of an academic community, which consists not only of employer and employees, but of students as well.

Sexual harassment is any unwelcome sexual advance, request for sexual favors, or other unwanted visual, verbal, written, online, and/or physical conduct of a sexual nature which is directed toward a person because of his/her sex.

Anyone experiencing sexual harassment in any College program is encouraged to report it immediately to the Title IX Coordinator. Remedies, education and/or training will be provided in response.

Sexual harassment creates a hostile environment, and may be disciplined when it is:

1)     Sufficiently severe or pervasive, and objectively offensive, such that it:           

• 1. Has the effect of unreasonably interfering with, denying or limiting employment opportunities or the ability to participate in or benefit from the College’s educational, employment, social and/or residential program.
  2. Is based on power differentials (quid pro quo), creates a hostile environment or retaliation.

A hostile environment may be created by harassing verbal, written, graphic, or physical conduct that is severe or persistent, and objectively offensive such that it interferes with, limits or denies the ability of an individual to participate in or benefit from educational programs or activities or employment access, benefits or opportunities.

The College reserves the right to address offensive conduct and/or harassment that 1) does not rise to the level of creating a hostile environment, or 2) that is of a generic nature not on the basis of a protected status. Addressing such behaviors may not result in the imposition of discipline under College policy, but may be addressed through respectful confrontation, remedial actions, education and/or effective conflict resolution mechanisms.  For assistance with conflict resolution techniques, employees should contact the Department of Human Resources and students should contact the Director of Residence Life.

Non-Consensual Sexual Intercourse

Non-Consensual Sexual Intercourse is any sexual intercourse, however slight, with any object by a person upon another person that is without consent and/or by force. Sexual intercourse includes:

1. Vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation (mouth to genital contact) no matter how slight the penetration or contact.

Non-Consensual Sexual Contact

Non-Consensual Sexual Contact is any intentional sexual touching, however slight, with any object by a person upon another person that is without consent and/or by force. Sexual touching includes:

1. Intentional contact with the breasts, groin, or genitals, mouth or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; or
2. Any other bodily contact in a sexual manner.

Sexual Exploitation

Sexual Exploitation refers to a situation in which a person takes non-consensual or abusive sexual advantage of another, and that behavior does not otherwise fall within the definitions of Sexual Harassment, Non-Consensual Sexual Intercourse or Non-Consensual Sexual Contact. 

Consent, Force, and Incapacitation

As a Christian college and consistent with the position of the Reformed Presbyterian Church of North America, the college lifts up the Christian ideal of marriage between a man and a woman and contends that all sexual intimacy shall be within the bounds of such marriage. Faculty, staff, or students that choose to engage in a consensual sexual relationship outside the bounds of such a marriage could be subject to discipline or termination of employment. In adherence to federal guidelines and for the safety of our students, the following definitions are provided.

Consent: Consent is knowing, voluntary, and clear permission by word or action to engage in mutually agreed upon sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to make certain that the other has consented before engaging in the activity. For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Consent can be withdrawn once given, as long as the withdrawal is clearly communicated.

Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous dating relationship is not sufficient to constitute consent. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred and any similar previous patterns that may be evidenced.

NOTE: Silence or the absence of resistance alone is not consent. There is no requirement on a party to resist the sexual advance or request, but resistance is a clear demonstration of non-consent. The presence of consent is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.

Force: Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent (“Have sex with me or I’ll hit you.” “Okay, don’t hit me, I’ll do what you want.”).  

Coercion is unreasonable pressure for sexual activity.  Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another.  When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. 

Incapacitation: A person cannot consent if they are unable to understand what is happening or is disoriented, helpless, asleep or unconscious for any reason, including due to alcohol or other drugs. An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has violated this policy. It is not an excuse that the responding party was intoxicated and, therefore, did not realize the incapacity of the reporting party.

Incapacitation is defined as a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction). This policy also covers a person whose incapacity results from mental disability, involuntary physical restraint and/or from the taking of incapacitating drugs.

Note: A lack of consent or the act of force can present itself between members of the opposite sex as well as between members of the same sex.

Intimate Partner Violence

Intimate partner violence (also known as relationship, dating, or domestic violence) is a pattern of behavior in an intimate relationship used to establish power and control over another person through fear and intimidation. Relationship violence can be verbal, emotional, and/or physical.

Stalking

The commonwealth of Pennsylvania defines stalking as the course of conduct or repeated acts without authorization with intent to place in reasonable fear or cause substantial emotional distress.  The College considers the effect upon a victim and categorizes stalking in two forms:

• Stalking 1:
  • A course of conduct
  • Directed at a specific person
  • On the basis of actual or perceived membership in a protected class
  • That is unwelcome, AND
  • Would cause a reasonable person to feel fear
• Stalking 2:
  • Repetitive and Menacing
  • Pursuit, following, harassing and/or interfering with the peace and/or safety of another