Student Conduct Code

All members of the University community have a strong responsibility to protect and maintain an academic climate in which the fundamental freedom to learn can be enjoyed by all and where the rights and well-being of all members of the community are protected. To this end, certain basic regulations and policies have been developed to govern the conduct of all students as members of the University community. The Student Handbook, including the Student Code of Conduct and information regarding student conduct policies and procedures, is available through the Dean of Students Office. Please refer to the online Student Handbook for the most current up-to-date Student Code of Conduct as well as all related policies and procedures. 

Note: Students who are alleged to have violated the Student Conduct Code may be subject to disciplinary action and, if applicable, may also be subject to criminal prosecution.

If there is a disagreement between a policy in the department and a policy in the school, the school policy applies. If there is a disagreement between a University policy and a school policy, the University policy applies.

University Policies

Student Freedom of Expression

Freedom of expression at Santa Clara University implies the right of students to present ideas in the spirit of developing knowledge and pursuing truth. Examples of freedom of expression are debates, speeches, symposia, public posting of signs and handbills, petitioning, dissemination of printed matter, and the invitation of guest speakers to address the University community. The exercise of freedom of expression implies the freedom to associate with other members of the University community, to form registered student organizations, and to participate in activities sponsored by those organizations. The University shall not, without due cause, impair or abridge the right to exercise freedom of expression beyond the regulation of time, place, and manner of that expression. Copies of the full text of the Santa Clara University Student Freedom of Expression policy are available in the Office of Student Life, Benson Center, Room 205.

Liability and Property Insurance

Except by expressed arrangement with the University, the University’s insurance does not cover students’ liability or students’ personal property. Students may wish to seek the services of their personal insurance agent to arrange for such coverage.

Policy on Discriminatory and Sexual Harassment

In June 1995, the Board of Trustees approved a University-wide policy governing discrimination and sexual harassment that applied to all constituencies: students, faculty, and staff. This policy is still in effect as it pertains to faculty and students. The appeals process in that policy was rendered obsolete in October 1998 with the adoption of the new policy manual for staff. The proposed policy below reflects the new appeals process recommended by the Staff Affairs University Policy Committee (SAC). Other changes to the policy, as it pertains to staff, reflect clarifications arising out of recent case law, etc. While the university policy is in proposed status and pending review by the appropriate faculty and student policy committees, it is in effect as it pertains to staff employment. In the event of a complaint involving a staff member and either a faculty or student respondent, the respective faculty or student process from the 1995 policy will be followed. Should the faculty or student review committees recommend changes to the University policy that would also affect staff, they will be reported to the SAC for consideration, review, and action.

Prevention of Unlawful Harassment and Discrimination Statement

Santa Clara University is dedicated to:

• An uncompromising standard of academic excellence and an unwavering commitment to academic freedom, freedom of inquiry, and freedom of expression in the search for truth
• Being a community enriched by men and women of diverse backgrounds, respectful of difference and enlivened by open dialogue, caring and just toward others, and committed to broad participation in achieving the common good.

Unlawful harassment and discrimination subvert these University ideals. Any behavior constituting unlawful harassment or discrimination toward any individual during any University-administered program, job, or activity is prohibited. The university does not tolerate unlawful harassment or discrimination and will take prompt and effective corrective action, including, where appropriate, disciplinary action up to and including dismissal or expulsion. The University’s policy applies to University staff, students, faculty, and all other individuals engaged with University activities.

Harassment

Harassment includes verbal, physical, and visual forms of harassment, and conduct related to sexual favors, based upon a person’s protected status, including race, color, national origin, ancestry, gender, sexual orientation, age, religious creed, physical and mental disability, medical condition, marital status, citizenship status, or other status protected by law.

Verbal harassment includes conduct such as epithets, insults, and derogatory comments. Physical harassment includes conduct such as assault, impeding or blocking movement, or any physical interference with normal work or movement. Visual forms of harassment include derogatory posters, cartoons, or drawings. Conduct related to sexual favors includes unwanted sexual advances that condition an employment or other University benefit upon an exchange of sexual favors.

Sexual Harassment Warrants Special Attention

Whether committed by faculty, students, supervisors, or non- supervisory staff, sexual harassment in the workplace, and in the educational environment is prohibited. This includes, but is not limited to unwelcome acts or statements, including sexual advances, touching, propositions, continual verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, and/or the display in the workplace or educational environment of sexual objects or pictures; or other physical, verbal, or visual conduct based on gender when (1) the conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, offensive, or abusive environment; (2) submission to the conduct is an explicit or implicit term or condition of employment; and/or (3) submission to or rejection of the conduct is used as the basis for an employment or academic decision.

University officials are empowered and required to address harassing behavior promptly and thoroughly. An individual with a complaint may always directly contact the department head or supervisor; if the problem concerns the department head or supervisor, the individual may contact a next-level supervisor. In addition, the individual may always contact the University’s director of diversity. An individual’s filing or pursuing a complaint or otherwise reporting or complaining of unlawful harassment or discrimination will not be the basis for any adverse University decisions concerning the individual’s student, faculty, or staff position or status. Retaliation is forbidden.

Nondiscrimination

Decisions regarding conditions of employment, including recruitment, hiring, placement, transfer, promotion and termination, and recruitment, retention, and participation in programs by students will not be based on race, color, national origin, ancestry, gender, sexual orientation, age, religious creed, physical and mental disability, medical condition, marital status, citizenship status, or other status protected by law. The University will offer reasonable accommodation to qualified individuals with disabilities to the extent provided by law.

Except to the extent permitted by law, these factors also will not affect the manner in which the University administers personnel policies, programs, and activities such as compensation, promotions, terminations, benefits, training, and recreational programs; nor will they affect the manner in which the University administers student related policies, programs, and activities such as admissions and extracurricular and recreational programs or activities.

Complaint and Resolution Procedures

General

Any faculty, staff, students, or others who believe they have been subjected to unlawful harassment or discrimination in the course of a University-administered program, job, or activity should provide as soon as possible a written or oral complaint to their department head or supervisor, other higher-level University officer, or the Affirmative Action Office. The person making a complaint (the complainant) should ordinarily include details of the incident(s), name of the person alleged to have engaged in the conduct (the respondent), and the names of any witnesses.

In addition, apart from complaints of unlawful harassment or discrimination, an individual may request general assistance regarding a problem that is not necessarily a complaint of unlawful harassment or discrimination.

University supervisors and managers, including academic personnel with managerial authority on behalf of the University, have a duty to report any conduct that they believe may constitute unlawful harassment or discrimination to the director of diversity and, at their option, to their next-level supervisor.

Informal Resolution

An informal resolution of the complaint may always be pursued as a first step without regard to whether the complaint is determined by the University as unlawful harassment or discrimination. The director of diversity will be available to meet with the parties separately and seek to find a resolution that is mutually acceptable to both parties. The resolution may be one or more of the following, or other appropriate prompt and effective corrective action: the respondent’s reading or listening to a statement made by the complainant; apologizing to the complainant; ending a practice that is harassing or otherwise unacceptable to the complainant; participating in educational programs aimed at correcting behaviors that are harassing to the complainant, etc. The director of diversity will document and maintain records of the agreement and resolution of the issue(s) in the Affirmative Action Office. Every effort should be made to resolve complaints informally, promptly, and within 30 days of receipt of the complaint. If a mutually acceptable informal resolution is not reached within 30 days, or otherwise in a manner necessary to promptly and effectively correct unlawful harassment or discrimination, the director of diversity may recommend that the informal resolution stage of the procedure conclude

Formal Resolution

If the informal resolution stage ends without a satisfactory conclusion, the director of diversity or his/her designee may conduct a formal investigation or take other action necessary to effect prompt and effective corrective action. In appropriate circumstances, the president or other appropriate University officer may designate an alternative investigator acting on behalf of the University. The University investigation of the complaint will be timely and thorough. When the investigation is completed, the director of diversity or his/her designee will make a timely report of the matter, with evidentiary findings, to the appropriate University officer, who will determine the appropriate resolution, including prompt and effective corrective action, if any. In the case of a respondent student, the appropriate University officer is the assistant dean of students.

In the case of a respondent staff member, the appropriate University officer is the assistant vice president for human resources. In the case of a respondent faculty member, the appropriate University officer is the Provost. The individuals involved will be informed of the action taken by the University at the conclusion of the formal stage, to the extent appropriate considering the privacy of the individuals involved.

Appeal Procedure

In the event of dissatisfaction with the result of the formal procedure, a staff member, student, or faculty member who is a complainant or respondent may appeal the decision. In the event he or she believes the result of the formal resolution was unfair or inappropriate under University policy, a written appeal must be submitted to the cognizant officer within 14 working days after being informed of the decision. The vice provost for student affairs is the cognizant officer for student appeals, the vice president for administration and finance for staff appeals, and the provost for faculty appeals. If the vice provost or vice president for administration and finance is the respondent, the appeal is to the president. If the president is the respondent, the officer is the chair of the Board of Trustees. If the respondent is a faculty member, the matter will be referred to the Faculty Affairs Board. The Faculty Affairs Board will follow the procedures in the Faculty Handbook, except that if the complainant is a staff member, two of the five members of the hearing committee must be staff members.

If the respondent is a staff member, the matter may be referred to neutral arbitration. The staff member and the University will choose any arbitrator by mutual agreement. The arbitrator shall be a qualified professional labor/employment arbitrator. If the parties are unable to agree on the identity of the arbitrator, the staff member shall request a panel of names from JAMS/Endispute of Santa Clara County. The arbitrator shall be chosen from the panel of names by alternate striking of names, beginning with the staff member, until one is left, who shall serve as arbitrator. The University shall be responsible for the professional fees of the arbitrator, unless the staff member objects, in which case the University and the staff member shall each be responsible for 50 percent of the professional fees of the arbitrator. The arbitrator will be authorized to award appropriate remedy under law as to the specific issues submitted; however, the arbitrator shall have no power to add to, subtract from, change, alter, or ignore the provisions of the Staff Policy Manual or any other University policy. The arbitrator’s decision will not be binding unless the staff member and the University mutually choose to execute a written stipulation designating that the arbitrator’s decision is final and binding.

If the respondent is a student, the matter may be referred to the University Board of Appeals. The University Board of Appeals will follow the guidelines for appellate hearings in the Undergraduate.

Student Handbook

Confidentiality

All aspects of these procedures are confidential. University personnel may not confirm, deny, or acknowledge to any third party that any complaint has been filed by complainant except where required or permitted by law, or otherwise authorized by the University.

Non-retaliation

Any form of retaliation against an individual by any member of the University community is prohibited. If at any point the University determines that the alleged conduct of the respondent is likely to recur and to cause others severe harm, the University may take reasonable steps to prevent such result prior to the conclusion of the procedures set forth above.

Responsibility

To achieve the goals of the University policies, each member of the University community must understand and accept responsibility both for fulfilling the ideals of the Statement of Purpose and for honoring the guiding principles. Vice presidents within their areas, together with deans, program chairs, directors, managers, and

supervisors are responsible for promoting progress on the ideal of building a diverse, non-discriminatory community and initiating creative actions to increase diversity. Academic deans (for faculty), the dean of student life (for students), and the assistant vice president for human resources (for staff) are responsible for monitoring implementation of this policy; the director of diversity is responsible for inquiries regarding federal and state laws, as well as for filing reports required by federal and state law.

Resources

Within the University

The Office of Diversity and Inclusion is located in the Walsh Administration Building (408-554-4533).

The EEO & Title IX Coordinator can be reached at 408-551-3043.

Outside the University

Members of the University may file a discrimination or sexual harassment complaint within the time required by law, with the Federal Equal Employment Opportunity Commission, the federal Office of Civil Rights, or the California Department of Fair Employment and Housing.

Drug Free Policies

It is the goal of Santa Clara University to maintain a drug-free workplace and campus. The unlawful manufacture, distribution, dispensation, possession, and/or use of controlled substances or the unlawful possession, use, or distribution of alcohol is prohibited on the Santa Clara University campus, in the workplace, or as part of any of the University’s activities. This includes the unlawful use of controlled substances or alcohol in the workplace, even if it does not result in impaired job performance or in unacceptable conduct.

The unlawful presence of any controlled substance or alcohol in the workplace and campus itself is prohibited. The workplace and campus are presumed to include all Santa Clara premises where the activities of the University are conducted.

Violations will result in disciplinary action up to and including termination of employment for faculty and staff or expulsion of students. A disciplinary action may also include the completion of an appropriate rehabilitation program. Violations may also be referred to the appropriate authorities for prosecution.

Smoke-Free Campus

Santa Clara University has adopted a smoke-free and tobacco-free policy on the University campuses in Santa Clara and Berkeley. Smoking means inhaling, exhaling, burning, or carrying of any lighted or heated tobacco product, as well as smoking substances that are not tobacco, and operating electronic smoking devices and other smoking instruments. “Tobacco product” means all forms of tobacco, including but not limited to cigarettes, cigars, pipes, hookahs, electronic smoking devices, and all forms of smokeless tobacco. The sale and advertising of tobacco products and tobacco-related products are also prohibited. “Tobacco-related” means the use of a tobacco brand or corporate name, trademark, logo, symbol, motto, or selling message that is identifiable with those used for any brand of tobacco products or company that manufactures tobacco products.

Sexual Assault and Misconduct Reporting

Protocol

Purpose Statement

Santa Clara University seeks to provide a consistent, caring, and timely response when sexual assaults occur within the University community. The University prohibits any nonconsensual physical contact of a sexual nature, including sexual assault and sexual

misconduct. Sexual assault or misconduct can occur between people of different genders or of the same gender. (For definitions of sexual assault and sexual misconduct, see the “Definitions” section in this chapter.)

The following procedures were created to:

• Facilitate the recovery of a sexual assault victim/complainant by providing prompt and compassionate support services
• Create a campus environment that both expedites and encourages the prompt reporting of sexual assaults or misconduct against students
• Facilitate the apprehension of assailants when such assaults are committed and/or process cases through the campus judicial system
• Establish and cultivate a climate of community involvement in sexual assault or misconduct prevention
• Increase the safety of the campus community
• Ensure accurate reporting of crime statistics

Students are encouraged to report all instances of sexual assault or misconduct. Victims/complainants who have engaged in alcohol or other drug use at the time of the assault will not be subject to disciplinary action for such use. Every effort will be made to ensure that students are informed of rights and resources, including options for reporting through the University or the appropriate police department.

Campus Sexual Assault Victims’ Bill of Rights

In compliance with the Campus Sexual Assault Victims’ Bill of Rights, sexual assault and misconduct victims/complainants have the right to be informed:

1. About notifying appropriate law enforcement authorities with the assistance of University personnel, if requested
2. About existing on- and off-campus counseling, mental health, or other services
3. That the University will change academic and living situations after an alleged report if those changes are requested by the victim/complainant and are reasonably available
4. That the victim/complainant and the accused are entitled to the same opportunities to have others present during a University disciplinary proceeding
5. About the outcome of the University disciplinary proceeding. The rights specified in items 1 through 3 are applicable to any victim/complainant regardless of whether the accused is a student at Santa Clara University.

Sexual Assault Reporting Protocol for Student Victims

If you are the victim of an assault, your safety is most important. You are encouraged to go to a safe place if you are somewhere you do not feel comfortable. If you are comfortable, share what has occurred with someone you trust. Sharing as much specific information as you can remember with this individual may help in the event that you decide you want to report the assault to University officials and/or the police.

Preserve Evidence

Do what you can to preserve any evidence, even if you are not certain you want to file a report with the police department or the University. Preserving evidence now will give you options if you decide to report later. It is best for any physical evidence to be collected within the first 24 hours. If you can avoid it, do not wash your face or hands, bathe, brush your teeth, drink or eat, douche, or change clothes. If you must change your clothes, place each garment in a separate paper (not plastic) bag.

On- and Off-Campus Counseling Services

You are encouraged to seek out the support of family, friends, and/or a counselor. We encourage you to make an appointment at Counseling and Psychological Services (CAPS), located in Cowell Health Center, 408-554-4501. If you do not want to wait, you can request to see the on-call counselor for the day. Except in cases when students are under the age of 18, CAPS is not required to report incidents of sexual assault or misconduct.

The YWCA Rape Crisis Hotline is available as a resource and support for you. The confidential hotline is open 24 hours a day7 days a week and can be reached at 408-287-3000. You do not need to be in crisis in order to contact a counselor from the hotline. Counselors on the hotline are trained to help rape victims and offer support and information about legal, medical, and mental health resources. The hotline is also available to anyone providing support to a victim of sexual violence.

Physical Health

If you are the victim of an assault, you should be examined by a doctor as soon as possible for injuries you may not be able to see. You might also want to preserve evidence this way. Under certain circumstances, medical health care providers are required to report crimes such as sexual assault to the police.

If you are interested in an evidence exam, go to Santa Clara Valley Medical Center located at 751 S. Bascom Avenue in San Jose, CA.

This is the forensic medical facility in the area. They are a specially trained nursing facility. If you want to have an evidence exam conducted, go to the emergency room and tell them you have been sexually assaulted. If you would like, Campus Safety Services can arrange at no cost, transportation to the Santa Clara Valley Medical

Center. Campus Safety Services can be contacted at 408-554-4441.

You can have a medical-only (non-evidence) exam to treat cuts, infections, and internal injuries. It is important to know that you will lose the opportunity to collect evidence at this time. Before making this decision, consider talking to a rape crisis counselor through the YWCA Rape Crisis Hotline at 408-287-3000.

Cowell Health Center provides pregnancy, STD testing, and baseline HIV testing. Cowell Health Center does not prescribe emergency contraception and does not collect evidence.

Campus Advocate and Academic and Living Accommodations.

The Office of Student Life, located in Benson Center, Room 205, or at 408-554-4583, can assist you by informing you of (1) your rights, (2) on- and off-campus resources, (3) reporting options, and (4) your options through the University Judicial System. The on-campus resources include the Campus Advocate program. A campus advocate is a trained staff or faculty member who is available to support you through the University reporting process. You can also choose to request assistance with academic and living accommodations. The person you meet with will also inform you about the law enforcement reporting process and your options regarding filing a criminal complaint. More detailed information about the University and local resources are available through the Office of Student Life.

Reporting Options

If you decide to report, you will be asked to give a detailed account of what has occurred. This can be a difficult process and you are encouraged to bring a friend or advocate for support. YWCA advocates can support you with off-campus proceedings and Campus Advocates can assist you with on-campus proceedings.

Filing a Police Report

If you are interested in filing a police report, call 911 for immediate response, or call the police department in the city where the assault occurred. If the assault occurred in the city of Santa Clara, contact the Santa Clara Police Department, located at 601 El Camino Real or at 408-615-4700. An officer can meet you at your residence or somewhere else on campus, such as at the Campus Safety Services office. Part of the investigation and with your permission, may include a medical exam at Santa Clara Valley Medical Center (see the previous “Physical Health” section for more details). You have a legal right to have a YWCA advocate present during your interviews and interactions with the police department. The YWCA is the recognized advocate and provider for Santa Clara County.

Filing a report with the police does not necessarily mean prosecution will occur. If you do not want to call the police, you can call a friend to take you to a hospital or go to Cowell Health Center for a referral.

Filing a University Report

You can begin the process for filing a report through any of the following departments:

• Campus Safety Services: Call Campus Safety Services at 408-554-4444 to file a report involving another student, even if the assault occurred off campus. Campus Safety can also connect you to the appropriate police department to file a report.
• Dean of Students Office: Call the Dean of Students Office at 408- 554-4583 (located in Benson Center, Room 205) to schedule an appointment or report to the office to request a same-day appointment. You may simply state that you want to meet with a Student Life staff member to discuss a “student welfare matter.” The Office of Student Life will introduce you to a Campus Advocate, if you agree to meet with one, who can support you through the campus reporting process, explain the resources available to you, including the University Judicial System, and if applicable, arrange for you to file a report with Campus Safety Services.
• Office of Affirmative Action: In addition to contacting the Office of Student Life or Campus Safety Services, if the assailant is a staff or faculty member, you can also report the incident to the Office of Affirmative Action at 408-554- 4178 (located in Loyola Hall).

Faculty/staff should report any assault committed by another member of the University community to the Office of Affirmative Action, not the Office of Student Life.

Understanding Who at the University is Mandated to Report Instances of Sexual Assault or Misconduct.

The University seeks to provide accurate and timely information to the campus community related to public safety. Faculty and staff are encouraged to consult with the Office of Student Life about accessing campus resources to support student victims.

*Note: In cooperation with the Santa Clara Police Department to provide for the safety and welfare of the community, the University notifies the Santa Clara Police Department of reports of sexual assault or misconduct. The Office of Student Life and/or Campus Safety Services will assist you with this process or will provide the report on your behalf. You may choose to either participate or not participate in a criminal investigation. If you choose not to participate, it is highly unlikely the police will file criminal charges.

Mandated Reporters

Faculty and staff who have significant responsibility for student and campus activities are required to inform Campus Safety Services of allegations of sexual assault or misconduct reported by students.

When this happens, Campus Safety Services will notify the Office of Student Life. If preferred, faculty and staff can contact the Office of Student Life to assist with the process of notifying Campus Safety Services. University personnel who are mandated reporters include, though not limited to, Office of Student Life, Residence Life [including community facilitators (CFs) and assistant resident directors (ARDs)], residence ministers, Housing, Athletics and Recreation, Center for Student Leadership, Drahmann Center, Disability Resources, Career Center, Campus Ministry, and Campus Safety Services.

Licensed medical professionals, such as those in Cowell Health Center, are required by law to notify law enforcement if they have reason to believe or know that a patient has been sexually assaulted.

Supervisors of student employees are required to report to the Office of Affirmative Action allegations of sexual assault or misconduct that happened in the context of employment.

Not Mandated to Report

Unless there is a statutory duty to do so, University personnel who are not mandated reporters include pastoral (clergy) and professional counselors when acting in those roles, faculty who do not advise student groups, and clerical or support staff.

Anonymous Reporting for Statistical Purposes

Staff, faculty, and students who are not mandated reporters are encouraged to report instances of sexual assault or misconduct to the Office of Student Life. These reports can be made without identifying the victim. In such instances, the report of the incident will be included in the University’s Annual Disclosure of Crime Statistics. The Office of Student Life staff will provide to the reporting person resources and information about how to file a campus judicial report and police report should the victim decide to do so.

University Response to Sexual Assault and Sexual Misconduct

As authorized by the Board of Trustees and the University president, the vice provost for student life or designee will adjudicate a charge of sexual misconduct or assault under the Student Conduct Code, Section 7: Nonconsensual physical contact of a sexual nature such as sexual misconduct, sexual assault, and rape. The University’s definitions of sexual assault and sexual misconduct are explained in this section and are the standards by which the University holds its students accountable. The University reserves the right to review all student conduct that occurs on- and off-campus when such behavior is inconsistent with the Student Conduct Code.

Violations of the Student Conduct Code do not necessarily constitute violations of the law. A report of sexual assault or misconduct filed with the University is evaluated according to University standards through a University process and is separate from a criminal investigation. Any sanction within the full range of disciplinary action, including expulsion, may be imposed upon a student who is found responsible for committing sexual assault or misconduct.

Disciplinary sanctions for findings of sexual misconduct or assault will be imposed regardless of whether the nonconsensual sexual activity was preceded or followed by consensual sexual activity. The use of alcohol or other drugs can blur the distinction between consensual and nonconsensual sexual activity. If the accused person knew or reasonably should have known that the victim was incapable of providing consent due to the use of alcohol or another drug, the accused person is in violation. The accused person’s use of alcohol or other drugs does not diminish his or her responsibility for committing the sexual misbehavior.

Definitions

Act referenced in the terms below, includes but is not limited to sexual intercourse, sodomy or sexual penetration with an inanimate object, the touching of a person’s intimate parts (defined as genitalia, groin, breast or buttocks, or clothing covering them), or compelling a person to touch his or her own, or another person’s intimate parts without consent.

Coercion means compelling another person to do something through emotional or physical pressure, threats, or other forms of intimidation. Real or perceived power differentials between individuals also may create an atmosphere of coercion that can significantly impair the ability to consent.

Consent means mutually understandable words or actions that demonstrate a voluntary agreement to engage in mutually agreed- upon sexual activity. Consent must be informed, active, and freely given. Consent is invalidated when it is forced, coerced, or nullified by a person’s incapacitation, including being under the influence of alcohol or other drugs. Non-action as a response does not constitute active or affirmative consent.

In reviewing a report of sexual misconduct or assault, consent is a critical factor in determining whether there is a violation of Section 7 of the Student Conduct Code. It is the responsibility of individuals to engage only in mutually agreed upon sexual activity and it is the responsibility of the person initiating sexual activity to obtain consent.

Sexual assault occurs when the act is intentional and is committed by (a) physical force, violence, threat, or intimidation; (b) ignoring the objections of another person; (c) causing another’s intoxication or impairment through the use of drugs or alcohol; or (d) taking advantage of another person’s incapacitation, state of intimidation,helplessness, or other inability to consent. Sexual misconduct occurs when the act is committed without intent to harm another and where, by failing to correctly assess the circumstances, a person believes unreasonably that consent was given without having met his/her responsibility to obtain consent. Situations involving physical force, violence, threat, or intimidation fall under the definition of sexual assault, not sexual misconduct, and will be treated as such. Sexual misconduct or assault can occur between people of different genders or of the same gender. In some cases, consensual sexual activity occurs before an assault or after an assault.