Sexual Harassment
Reporting and Resources:
To report sexual harassment, sexual misconduct, intimate partner violence or stalking, contact:
Title IX Coordinator
Phone: 845-575-3799
E-mail: titleix@marist.edu
Website:
www.marist.edu/title-ix
Consistent with the University’s policy, the Department of Athletics is committed to an environment which is supportive of education as the primary mission and free from all exploitation and intimidation. Rape, sexual assault or sexual harassment will not be tolerated. Sexual harassment includes any unwelcome sexual advance, request for sexual favor or other verbal or physical conduct of a sexual nature. Such behavior, even if perceived to be in jest, is unacceptable. Rape or sexual assault is commonly perceived as a violent and forceful act perpetrated by a stranger. In fact, rape by an acquaintance, known as date rape is far more common and usually involves the use of alcohol. Typically, in date rape or acquaintance rape the two parties are familiar with one another and perhaps even friends. The situation may begin with a date or merely informal socializing at a party, alcohol is consumed and an assorted set of signals sent and received between two individuals, real or perceived. The end result is a sexual encounter that may have been preceded by a series of consensual activities, at least in the mind of one of the partners. However, date rape should never be considered a misunderstanding or a communication problem. “No” means “no” at any time. Student-athletes are expected to conduct themselves in a manner where the rights of others are respected. Inappropriate sexual behavior, including verbal harassment, may result in sanctions by the University, Department of Athletics and civil authorities. Victims of rape, sexual assault or sexual harassment are encouraged to contact the Counseling Center at extension 2152.
The Marist Athletics Department aligns with the policy of the university, which can be seen in detail below:
Both the Equal Employment Opportunity Commission and the State of New York regard sexual harassment as a form of sex/gender discrimination and, therefore, as an unlawful discriminatory practice.
Sexual harassment is unwelcome, sexual or gender-based verbal, written, online and/or physical conduct. The following describes some of the types of acts that may be unlawful and are strictly prohibited:
- Physical acts of a sexual nature, such as: touching, pinching, patting, kissing, hugging, grabbing, brushing against another individual’s body or poking another’s body. Rape, sexual battery, molestation, or attempts to commit these assaults are also examples.
- Unwanted sexual advances or propositions, such as: requests for sexual favors accompanied by implied or overt threats concerning the target’s academic work/grades/standing, job performance evaluation, a promotion or other job benefits or detriments; subtle or obvious pressure for unwelcome sexual activities.
- Sexually oriented gestures, noises, remarks, or jokes, or comments about a person’s sexuality or sexual experience, which create a hostile work environment.
- Sex stereotyping occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people’s ideas or perceptions about how individuals of a particular sex should act or look.
- Sexual or discriminatory displays or publications anywhere in the classroom/workplace, such as: displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials or other materials that are sexually demeaning or pornographic. This also includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace.
- Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity, and the status of being transgender, such as: interfering with, destroying or damaging an individual’s work, workstation, tools or equipment, or otherwise interfering with the individual’s ability to succeed academically or to perform the job; sabotaging, bullying, yelling, and name- calling.
Sexual misconduct, including sexual assault, dating/relationship violence, domestic violence, and stalking, are violations of Marist's standards of conduct and the State of New York Penal Code. Members of the athletic department community, guests, and visitors have the right to be free from sexual violence and any form of gender-based discrimination prohibited by Title IX. All members of the campus community are expected to conduct themselves in a manner that does not infringe upon the rights of others. When a responding party is found to have violated this policy, sanctions will be imposed based on the nature of the case. This policy is intended to define community expectations and to establish a mechanism for determining when those expectations have been violated. The sexual orientation and/or gender identity of individuals engaging in sexual activity is not relevant to allegations under this policy.
While there are a number of laws and regulations that mandate how colleges and universities handle allegations of sexual misconduct and assault, it is impossible to define every scenario that could be a violation of this policy. Ultimately, the University has the discretion to determine whether or not the policy has been violated and impose appropriate sanctions for infractions.
Sexual Misconduct
State law defines various violent and/or non-consensual sexual acts as crimes. Additionally, the University has defined categories of sexual misconduct, as stated below, for which action under this policy may be imposed. The University considers Non-Consensual Sexual Intercourse violations to be the most serious, and therefore imposes the most severe sanctions, typically suspension or expulsion for students and termination for employees.
Acts of sexual misconduct may be committed by any person upon any other person, regardless of the sex, gender, sexual orientation and/or gender identity of those involved. Violations include:
Sexual Harassment (as defined in the section above)
Non-Consensual Sexual Intercourse is defined as:
- any sexual penetration or intercourse (anal, oral or vaginal)
- however slight
- with any object
- by a person upon another person
- that is without affirmative consent and/or by force
- Sexual penetration includes vaginal or anal penetration by a penis, tongue, finger or object, or oral copulation by mouth to genital contact or genital to mouth contact.
Non-Consensual Sexual Contact is defined as:
- any intentional sexual touching
- however slight
- with any object
- by a person upon another person
- that is without affirmative consent and/or by force
Sexual touching includes any bodily contact with the breasts, groin, genitals, mouth or other bodily orifice of another individual, or 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 situations in which the conduct does not fall within the definitions of Sexual Harassment, Non-Consensual Sexual Intercourse or Non-Consensual Sexual Contact. Examples of sexual exploitation include, but are not limited to:
- Sexual voyeurism (such as watching a person undressing, using the bathroom or engaged in sexual acts without the consent of the person observed)
- Taking pictures or video or audio recording another in a sexual act, or in any other private activity without the consent of all involved in the activity, or exceeding the boundaries of consent (such as allowing another person to hide in a closet and observe sexual activity, or disseminating sexual pictures without the photographed person’s consent)
- Prostitution
- Sexual exploitation also includes engaging in sexual activity with another person
while knowingly infected with human immunodeficiency virus (HIV) or other sexually transmitted infection (STI) and without informing the other person of the infection, and further includes administering alcohol or drugs (such as “date rape” drugs) to another person without his or her knowledge or consent.
- Stalking
A course of unwanted attention that is repeated or obsessive, directed toward an individual or a group and that is reasonably likely to cause alarm, fear or substantial emotional distress. Stalking may take many forms, including lying in wait for, monitoring, and/or pursuing contact. Stalking may occur in person or through communications such as telephone calls, text messages, unwanted gifts, letters, emails, surveillance, or other types of observation.
- Dating Violence
The use of physical violence, coercion, threats, intimidation, isolation, stalking, or other forms of emotional, psychological, sexual, technological, or economic abuse directed toward a person who is or has been in a social relationship of a romantic or sexually intimate nature with the victim. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, or physically injure someone. Dating violence can be a single act or a pattern of behavior in relationships.
- Domestic Violence
The use of physical violence, coercion threats, intimidation, isolation, stalking, or other forms of emotional, psychological, sexual, technological, or economic abuse directed toward a) a current or former spouse or intimate partner; b) a person with whom one shares a child; or c) anyone who is protected from the responding party’s acts under the domestic or family violence laws of New York. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, or physically injure someone. Domestic violence can be a single act or a pattern of behavior in relationships.
Retaliation
Retaliation is defined as any adverse action taken against a person participating in a protected activity because of their participation in that protected activity. Adverse action need not be job- related or occur on the campus or in the workplace (ie. threats of violence outside of work hours) to constitute unlawful retaliation. Retaliation against an individual for alleging harassment, supporting a reporting party or for assisting in providing information relevant to a claim of harassment is a serious violation of University policy and will be treated as another possible instance of harassment or discrimination. Acts of alleged retaliation should be reported immediately to the Title IX Coordinator or designee and will be promptly investigated. The University is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation. In instances where the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices violated University policy and/or were unlawful. In turn, the retaliation provision is not intended to protect persons making intentionally false charges of harassment.
To report sexual harassment, sexual misconduct, intimate partner violence or stalking, contact:
REPORT AN INCIDENT HERE
