April 23, 2020
Kenyon has temporarily adjusted its operations due to the COVID-19 pandemic. Read more here.
The College prohibits a broad spectrum of behavior, including all forms of sexual and gender-based discrimination, harassment and violence, stalking and intimate partner violence. The following definitions are from the College's Sexual Misconduct and Harassment Policy: Title IX, VAWA, Title VII:
The College prohibits a broad spectrum of behavior, including all forms of sexual and gender-based discrimination, harassment and violence, stalking, and intimate partner violence. The following conduct is specifically prohibited under this policy:
Sexual Harassment is any unwelcome sexual advance, request for sexual favors, or other unwanted verbal or physical conduct of a sexual nature when one or more of the following conditions are present:
A single incident of Sexual Harassment alone may create a hostile environment if the incident is sufficiently severe. The more severe the conduct, the less need there is to show a pattern of incidents to create a hostile environment. The determination of whether an environment is “hostile” will be based on the totality of the circumstances, including, but not limited to:
Sexual Harassment can take many forms. Sexual Harassment:
Discrimination occurs when a behavior or policy has the purpose or effect of restricting or denying an individual’s or group’s access to opportunities, programs, or resources in relation to sex, gender, gender identity, gender expression, or sexual orientation in a manner that interferes with an individual’s working, academic, residential, or social environment or athletic participation or performance.
Examples of discrimination include but are not limited to:
When these or other forms of discrimination are based on sex, gender, gender identity, gender expression or sexual orientation, the conduct will be resolved under this policy.
Discrimination on the basis of sex/gender in employment is permissible in situations where sex/gender is a bona fide occupational qualification reasonably necessary to the normal operation of the College. Note that the federal regulations regarding Title IX include certain exceptions, such as single-gender housing, athletic participation and chorus participation, that do not constitute Sex/Gender Discrimination. These limited permissible exceptions, found in Title 34 of the Code of Federal Regulations, Part 106, will be considered when determining whether Prohibited Conduct occurred under this Policy.
Harassment on the basis of sex/gender is any unwanted verbal or physical conduct on the basis of sex, gender, gender identity, gender expression, or sexual orientation when one or more of the following conditions is present:
The determination as to whether a hostile environment exists is based on the totality of the circumstances, including but not limited to:
Examples of harassment on the basis of sex/gender include but are not limited to:
Non-Consensual Sexual Intercourse is defined as having or attempting to have sexual intercourse with another individual without Consent (see section VII.):
Penetrative examples of sexual intercourse include but may not be limited to: vaginal or anal penetration, however slight, with a body part (e.g., penis, tongue, finger, hand) or object, or oral penetration involving mouth to genital contact or mouth to anus contact.
Non-penetrative examples of sexual intercourse may include, but may not be limited to: exposed genitals rubbing against each other, rubbing one’s exposed genitalia against parts of another individual’s body, or rubbing another’s exposed genitalia.
Non-Consensual Sexual Contact is defined as having sexual contact with another individual without Consent (see section VII.)
Sexual contact includes any intentional touching of the intimate parts of another, causing another to touch one's intimate parts, or disrobing or exposure of another without permission. Intimate parts may include the breasts, genitals, buttocks, groin, mouth or any other part of the body that is touched in a sexual manner. Sexual contact may be over the clothes or skin-to-skin.
Sexual Exploitation is knowingly, intentionally or purposefully taking advantage of the sexuality of another person without consent or in a manner that extends the bounds of consensual sexual activity without the knowledge of the other individual for any purpose, including sexual gratification, financial gain, or personal benefit. Examples of Sexual Exploitation include:
Stalking occurs when a person engages in a course of conduct or repeatedly commits acts toward another person, under circumstances that demonstrate either of the following:
Cyber-stalking is a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used. Cyber-stalking is considered stalking under this policy if it meets either of the conditions above.
Physical harm and/or intimidation include threatening, or causing physical harm, written or verbal abuse or other conduct that threatens or endangers the health or safety of any person; or implied threats or acts that cause an unreasonable fear of harm in another. Examples include but are not limited to: hitting, choking, or otherwise contacting another person in a physically aggressive manner. These acts may be directed at the individual and/or the individual's property and possessions. When these acts occur in the context of a romantic or sexual encounter, or intimate partner violence or when the behavior is perpetrated on the basis of sex or gender, the conduct will be resolved under this policy. A finding of responsibility will result in suspension, dismissal or termination of employment. When a student is found responsible for a violation of this policy, the recommended sanction is a minimum of one semester suspension from the College.
Harassment, bullying or cyberbullying are defined as repeated and/or severe aggressive behavior likely to intimidate, threaten, or intentionally hurt, control or diminish another person, physically or mentally that includes, but is not limited to: creating web pages with a negative focus; posting insults or lewd photos on social networking sites; and/or spreading rumors with malicious intent. When these acts occur in the context of a romantic or sexual encounter or intimate partner violence, or when the behavior is perpetrated on the basis of sex or gender, the conduct will be resolved under this policy.
Intimate Partner Violence (including dating violence and domestic violence) includes any act of violence or threatened act of violence that occurs between individuals who are involved or have been involved in a sexual, dating, spousal, domestic, or other intimate relationship. Intimate Partner Violence may include any form of Prohibited Conduct under this policy. When a student is found responsible for a violation of this policy, the recommended sanction is a minimum of one semester suspension from the College.
The College will evaluate the existence of an intimate relationship based upon the reporting party's statements and taking into consideration the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
Retaliation is any attempt to take an adverse action against or seek retribution from any individual or group of individuals involved in the investigation and/or resolution of a report under this policy. Retaliation can take many forms, including, but not limited to: social aggression, damage to property, abuse, violence, threats, and intimidation.
Retaliation may also include attempting to interfere with an investigation. This may include attempting to influence a witness, trying to alter evidence, and/or presenting knowingly false information in an investigation.
Conduct not typically considered retaliation includes, but may not be limited to, making an allegation of misconduct, filing a complaint, serving as a witness, assisting a complainant or respondent,or otherwise participating in an investigation and/or resolution of alleged conduct as defined in this policy. Having a difference of opinion and/or dislike of another person’s participation does not constitute Retaliation.
Any individual or group of individuals, including but not limited to, a complainant or respondent, can be held accountable for retaliation under this policy.
When a student is found responsible for a violation of this policy, the recommended sanction is a minimum of one semester suspension from the College.
Individuals who choose to engage in sexual activity of any type with each other must first obtain clear consent. Consent is clear, knowing, and voluntary permission. It can only be given by someone of legal age. Consent is demonstrated through mutually understandable words or actions that clearly indicate a willingness to engage freely in sexual activity. Silence cannot be assumed to indicate consent. Some additional considerations about consent include:
In the State of Ohio, the age of majority is 18. Under state law, consent cannot be given by any individual under the age of 16 to participate in sexual activity with an individual over the age of 18. In addition, consent can never be given by minors under the age of 13.
Force is the use or threat of physical violence or intimidation to overcome an individual’s freedom of will to choose whether or not to participate in sexual activity. There is no requirement that a party resists the sexual advance or request. Consent cannot be obtained by Force.
Coercion is the use of unreasonable pressure to compel another individual to initiate or continue sexual activity against an individual’s will. Coercion can include a wide range of behaviors, including intimidation, manipulation, threats and blackmail. Coercion may be emotional, intellectual, psychological or moral.
Examples of coercion include, but are not limited to, threatening to disclose another individual’s private sexual information and threatening to harm oneself if the other party does not engage in the sexual activity. Coercing an individual into engaging in sexual activity violates this policy in the same way as physically forcing someone into engaging in sexual activity. Consent cannot be obtained by Coercion.
An individual who is incapacitated lacks the ability to make informed, rational judgments and cannot consent to sexual activity. Incapacitation is defined as the inability, temporarily or permanently, to give consent because an individual is mentally and/or physically helpless, asleep, unconscious, or unaware that sexual activity is occurring. In addition, persons with certain intellectual or developmental disabilities may not have the capacity to give consent. Consent cannot be obtained by taking advantage of another individual’s Incapacitation.
Where alcohol or other drugs are involved, Incapacitation is a state beyond intoxication. The impact of alcohol and other drugs varies from person to person; however, warning signs that a person may be approaching Incapacitation may include slurred speech, vomiting, unsteady balance, strong odor of alcohol, combativeness, or emotional volatility.
Evaluating Incapacitation requires an assessment of how the consumption of alcohol and/or drugs affects an individual’s:
In other words, a person may be considered unable to give valid consent due to Incapacitation if the person cannot appreciate the who, what, where, when, why, or how of a sexual interaction.
Evaluating Incapacitation also requires an assessment of whether a respondent was or should have been aware of the reporting party's Incapacitation based on objectively and reasonably apparent indications of impairment when viewed from the perspective of a sober, reasonable person in the respondent’s position.
Being intoxicated or impaired by drugs or alcohol is never an excuse for any Prohibited Conduct under this policy and does not diminish one’s responsibility to obtain informed and freely given consent.