SEX DISCRIMINATION AND SEXUAL MISCONDUCT

SEX DISCRIMINATION

“Sex Discrimination” occurs when an individual is treated differently because of his or her sex (including one’s gender identity and/or transgender status) and this treatment denies or limits an individual's ability to participate in or benefit from EVMS programs or it interferes with the individual’s employment or educational performance at EVMS.  Examples include, but are not limited to, the following:

  1. Rejecting otherwise qualified applicants because of their sex.
  2. Subjecting individuals to different rules or sanctions because of their sex.
  3. Counseling an individual away from a job or program because of perceived sex stereotypes. 
  4. Retaliation against an individual who has made a Title IX or other complaint.
  5. Being subjected to egregious, or a pattern of, Sexual Harassment (as defined below).

 

SEXUAL MISCONDUCT  

“Sexual Misconduct” means any one or more of the following:

 Sexual Harassment: Any unwelcome sexual advance, request for sexual acts or favors, and other verbal or physical conduct of a sexual nature, whether between individuals of different sexes or the same sex, when:

  1. Submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment, academic advancement, evaluation, or grades; or
  2. Submission to or rejection of such conduct by an individual is used as a basis for employment, academic advancement, evaluation, or grading decisions affecting that individual; or.
  3. The conduct has the purpose or effect of substantially interfering with a person’s academic or work performance by creating an intimidating, hostile, or offensive environment regardless of whether such conduct takes place on EVMS property, at an EVMS sponsored activity, class, or program, or at another location. .

Examples of Sexual Harassment include, but are not limited to:

  1. Physical assault/unnecessary touching of a sexual nature (pinching, patting, hugging, or brushing against a person’s body);
  2. Sexual advances, flirtations, propositions, or suggestive comments;
  3. Sexually explicit or offensive jokes, whether written or verbal;
  4. Sexually degrading words used to describe an individual or obscene gestures;
  5. Sexually graphic or verbal remarks of a sexual nature about gender-specific traits, an individual’s clothing or body;
  6. Displays of pornographic materials or sexually suggestive objects, pictures or cartoons; 
  7. Inquiries, remarks, discussions, or gossip about a person’s sexual activity, sexual orientation or sexual experiences; and 
  8. Harassment through Sexual Violence as defined below.

Sexual Violence:  Any sexual acts such as kissing and fondling; vaginal, oral, or anal intercourse; and/or penetration with an object or finger that are without an individual's Consent.  This includes acts that are:

  1. Perpetrated against a person's will by force, threat, intimidation, coercion, or ruse; or
  2. Perpetrated against a person who was incapacitated (incapable of giving consent). Examples of being incapacitated include being asleep or unconscious, being under the influence of drugs and/or alcohol, and certain intellectual or other disabilities; and/or  
  3. Rape, statutory rape, sexual assault, sexual battery, and/or other acts deemed illegal by Virginia sexual assault statutes are included in this definition of Sexual Violence.   

 Domestic Violence: A felony or misdemeanor crime of violence committed by: 

  1. a current or former spouse or intimate partner of the victim,
  2. a person with whom the victim shares a child in common,
  3. a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner,
  4. a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies [under VAWA], or
  5. any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Virginia 

Dating violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, the frequency of interaction between the persons involved in the relationship.

Stalking:  Engaging in actions that are directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress. Such behaviors may include, but are not limited to:

  1. Non-consensual (unwanted) communication or contact (face-to-face, telephone, touching, electronic mail, instant messaging, texts, written letters, unwanted gifts, etc.).
  2. Harassment, either by the individual or through a third party.
  3. Use of threatening gestures.
  4. Physically pursuing or following the victim.
  5. Using surveillance or other types of observation to track or monitor the victim.
  6. Trespassing.