Sexual Assault: To unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical capacity.
Rape: Rape is now inclusive of sexual assault, sexual assault with an object, and forcible sodomy and can be perpetrated against both women and men.
Forcible Sodomy: Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
Forcible Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent.
Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Sexual Harassment: Sexual harassment is harassment motivated by a person’s sex. Sexual harassment constitutes discrimination on the basis of sex, which is prohibited by Title IX of the Education Amendments of 1972 and its implementing regulations and Title VII of the Civil Rights Act and its implementing regulations. Sexual advances, requests for sexual favors, and other verbal, physical, or visual conduct of a sexual nature constitute sexual harassment when: Submission to such conduct is made or threatened to be made, either explicitly or implicitly, a term or condition of an individual’s employment, or education. Submission to or rejection of such conduct by an individual is used or threatened to be used as the basis for academic or employment decisions affecting that individual; or such conduct has the purpose or effect of substantially interfering with an individual’s academic or professional performance or creating what a reasonable person would perceive as an intimidating, hostile, or offensive employment, education, or living environment.
Examples of Behaviors: Sexual harassment may include, but is not limited to, behaviors which may be based on power differentials (quid pro quo) or the creation of a hostile environment. Examples include: unwelcome sexual advances, requests for sexual favors, or other unwelcome verbal, nonverbal, auditory, visual, transmission or display of sexual matters or materials or physical conduct of a sexual nature. Sexual Harassment may also include making sexual contact with the intimate body part of another person without that person’s consent. Intimate body parts include the mouth, the sex organs, the anus, the groin, breast or buttocks of any person.
Retaliation for reporting alleged acts of sexual harassment is prohibited by MCC policy.
- An employee/student pressures an unwilling student for a date, romantic, or intimate relationship
- Unwelcome touching, kissing, hugging, or massaging by employees or fellow students
- An employee/student makes sexual innuendos or tells sexual jokes
- Obscene gestures
- Sexual intercourse by a man or woman upon a man or woman without consent
- Sexual touching with an object or body part, by a man or woman upon a man or woman, without consent
- Non-consensual video or audio-taping of sexual activity
- Knowingly transmitting a sexually transmitted disease to another
- Sexual hazing
- Date rape
- Unwelcome sexual advances, requests for sexual favors, comments about an individual’s body, sexual activity or sexual attractiveness
- Sexually suggestive touching, leering, gestures, sounds, comments or displays of sexually suggestive objects.
Consent (Mo. Rev. Stat. § 556.061(5)): Consent or lack of consent may be expressed or implied. Assent does not constitute consent if:
- It is given by a person who lacks the mental capacity to authorize the conduct charged to constitute the offense and such mental incapacity is manifest or known to the actor; or
- It is given by a person who by reason of youth, mental disease or defect, or intoxication, is manifestly unable to (or known by the actor to be unable to) make a reasonable judgment as to the nature or harmfulness of the conduct charged to constitute the offense; or
- It is induced by force, duress or deception.
Examples of how to determine consent: Clear, Coherent, Willing and Ongoing. Consent is active not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity.
- Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.
- Previous relations or prior consent cannot imply consent to future sexual acts.
Domestic Assault (Mo. Rev. Stat. §§ 565.074, 455.010): Domestic assault generally involves violence or attempted violence perpetrated against a family or household member including children. “Family or household member” is defined as “spouses, former spouses, any person related by blood or marriage, persons who are presently residing together or have resided together in the past, any person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim and anyone who has a child in common regardless of whether they have been married or have resided together at any time.”
Dating Violence : There is not a specific criminal statute in Missouri addressing dating violence. Note, however, that the definition of domestic assault includes violence committed by a person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim. Under guidelines contained in the federal Violence Against Women Act, such a relationship is characterized by:
(a) a social relationship of a romantic or intimate nature with the victim; and
(b) the existence of such a relationship will be determined based on a consideration of the following factors:
- the length of the relationship.
- the type of relationship.
- the frequency of interaction between the persons involved in the relationship.
Stalking (Mo. Rev. Stat. § 565.225): A person commits the crime of stalking if he or she purposely, through his or her course of conduct, harasses or follows with the intent of harassing another person. “Course of conduct” is a pattern of conduct composed of two or more acts, which may include communication by any means, over a period of time, however short, evidencing a continuity of purpose. It does not include constitutionally protected activity.
Complainant: The individual(s) who file(s) a Code of Student Conduct complaint with the College. In some instances the College may serve as a Complainant.
Hostile Environment: Any situation in which there is harassing conduct that is sufficiently severe, pervasive and objectively offensive that it limits, interferes with or denies educational benefits or opportunities, from both a subjective (the Complainant’s) and an objective (reasonable person’s) viewpoint.
Preponderance of the Evidence: Preponderance of evidence means such evidence as when weighed with that opposed to it has more convincing force and the greater probability of truth.
Respondent: The individual(s) against whom a Code of Student Conduct complaint is made.
Retaliation: Retaliation includes any adverse action against a complainant for filing a complaint or adverse action in support of another person’s complaint toward a third party.