DEFINITIONS

Behaviors involving sexual violence, relationship violence, and stalking are prohibited at NC State. It is important for members of the NC State community to know what those behaviors look like, as well as their specific definitions.

There are several sources for specific definitions for sex-based conduct prohibited at NC State. Following are definitions provided by:

  • The local jurisdiction, the North Carolina General Statutes,
  • The federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)), a law that requires institutions of higher education to disclose information about crime on and around their campuses, and
  • NC State University’s related policies and regulations.

GENERAL DESCRIPTIONS OF BEHAVIORS

Sexual Violence

Sexual contact without consent, for example, rape, sodomy (oral or anal sex), sexual battery (e.g. grabbing breasts, buttocks, private areas, forcible fondling). One in five women will experience sexual assault or attempted sexual assault during her time in college. One in six men experience sexual violence in their lifetime. In the majority of cases that are reported at NC State, the offender is someone the victim knows; frequently alcohol is involved as a perpetration method.

Relationship Violence

A term includes both domestic or dating violence, relationship violence happens when one person in an intimate relationship uses abuse to maintain power over a partner. Abusive behaviors can be physical or emotional, examples include threats of self harm or harm to others (e.g. a text saying “If you leave me I will kill myself”), name calling, belittling, isolation, forcing to engage in sexual acts while in a dating or domestic relationship when one of the individuals does not wish to.

Stalking

Causing fear in someone by willfully and repeatedly harassing them. Stalking can occur in many forms. Examples of stalking include, but are not limited to: Waiting outside of one’s class, the gym, grocery store, harassing via social media and text messages. Those experiencing stalking may make changes in their lives in an attempt to avoid the perpetrator. Stalking cases have the potential to escalate quickly, especially if there was a previous perceived relationship.

Consent

Active enthusiastic agreement communicated through words or actions.
The absence of “No” does not equal consent.
Consent must be freely given (without fear or coercion) and cannot legally be obtained if an individual is under the age of 16, is incapacitated due to alcohol or other drugs, is unconscious or asleep, or has limited mental capacity.

NORTH CAROLINA GENERAL STATUTES

Domestic Violence

§ 50B-1. Domestic violence; definition.
(a) Domestic violence means the commission of one or more of the following acts upon an aggrieved party or upon a minor child residing with or in the custody of the aggrieved party by a person with whom the aggrieved party has or has had a personal relationship, but does not include acts of self-defense:
(1) Attempting to cause bodily injury, or intentionally causing bodily injury; or
(2) Placing the aggrieved party or a member of the aggrieved party’s family or household in fear of imminent serious bodily injury or continued harassment, as defined in G.S. 14-277.3A, that rises to such a level as to inflict substantial emotional distress; or
(3) Committing any act defined in G.S. 14-27.2 through G.S. 14-27.7.
(b) For purposes of this section, the term “personal relationship” means a relationship wherein the parties involved:
(1) Are current or former spouses;
(2) Are persons of opposite sex who live together or have lived together;
(3) Are related as parents and children, including others acting in loco parentis to a minor child, or as grandparents and grandchildren. For purposes of this subdivision, an aggrieved party may not obtain an order of protection against a child or grandchild under the age of 16;
(4) Have a child in common;
(5) Are current or former household members;
(6) Are persons of the opposite sex who are in a dating relationship or have been in a dating relationship. For purposes of this subdivision, a dating relationship is one wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship. A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship.

Sexual Assaults

§ 14-27.2 First-degree rape
(a) A person is guilty of rape in the first degree if the person engages in vaginal intercourse:
(1) With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim; or
(2) With another person by force and against the will of the other person, and:
a. Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or
b. Inflicts serious personal injury upon the victim or another person; or
c. The person commits the offense aided and abetted by one or more other persons.
(b) Any person who commits an offense defined in this section is guilty of a Class B1 felony.
(c) Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child born as a result of the commission of the rape, nor shall the person have any rights related to the child under Chapter 48 or Subchapter 1 of Chapter 7B of the General Statutes. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 4; 1981, c. 63; c. 106, ss. 1, 2; c. 179, s. 14; 1983, c. 175, ss. 4, 10; c. 720, s. 4; 1994, Ex. Sess., c. 22, s. 2; 2004-128, s. 7.)
§ 14-27.4 First-degree sexual offense
(a) A person is guilty of a sexual offense in the first degree if the person engages in a sexual act:
(1) With a victim who is a child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the victim; or
(2) With another person by force and against the will of the other person, and:
a. Employs or displays a dangerous or deadly weapon or an article which the other person reasonably believes to be a dangerous or deadly weapon; or
b. Inflicts serious personal injury upon the victim or another person; or
c. The person commits the offense aided and abetted by one or more other persons.
(b) Any person who commits an offense defined in this section is guilty of a Class B1 felony. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 6; 1981, c. 106, ss. 3, 4; 1983, c. 175, ss. 5, 10; c. 720, s. 4; 1994, Ex. Sess., c. 22, s. 3.)
§ 14-27.3 Second-degree rape
(a) A person is guilty of rape in the second degree if the person engages in vaginal intercourse with another person:
(1) By force and against the will of the other person; or
(2) Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know the other person is mentally disabled, mentally incapacitated, or physically helpless.
(b) Any person who commits the offense defined in this section is guilty of a Class C felony.
(c) Upon conviction, a person convicted under this section has no rights to custody of or rights of inheritance from any child conceived during the commission of the rape, nor shall the person have any rights related to the child under Chapter 48 or Subchapter 1 of Chapter 7B of the General Statutes. (1979, c. 682, s. 1; 1979, 2nd Sess., c. 1316, s. 5; 1981, cc. 63, 179; 1993, c. 539, s. 1130; 1994, Ex. Sess., c. 24, s. 14(c); 2002-159, s. 2(b); 2004-128, s. 8.)
§ 14-27.5A Sexual battery
(a) A person is guilty of sexual battery if the person, for the purpose of sexual arousal, sexual gratification, or sexual abuse, engages in sexual contact with another person:
(1) By force and against the will of the other person; or
(2) Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know that the other person is mentally disabled, mentally incapacitated, or physically helpless.
(b) Any person who commits the offense defined in this section is guilty of a Class A1 misdemeanor. (2003-252, s. 2.)

CLERY ACT

Sexual Assault

Any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent. Unlawful, non-forcible sexual intercourse.

Rape

Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Statutory Rape

Non-forcible sexual intercourse with a person who is under the statutory age of consent.

Fondling

The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will; or, not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental incapacity.

NORTH CAROLINA STATE UNIVERSITY POLICIES

Equal Opportunity & Non-Discrimination Policy

2.1 Discrimination is unfavorable treatment with regard to a term or condition of employment, or participation in an academic program or activity based upon age (40 or older), color, disability, gender identity, genetic information, national origin, race, religion, sex (including pregnancy), sexual orientation, or veteran status. Discrimination includes the denial of a request for a reasonable accommodation based upon disability or religion.
2.2 Harassment is any unwelcome conduct based upon age (40 or older), color, disability, gender identity, genetic information, national origin, race, religion, sex (including pregnancy), sexual orientation, or veteran status that either creates a quid pro quo situation or a hostile environment.
*Note: Incidents of sexual violence may constitute sexual Harassment.
2.2.1 Quid Pro Quo Harassment occurs when submission to, or rejection of, unwelcome conduct (e.g., sexual advances, requests for sexual favors) by an individual is used as the basis for an employment decision (for employees); or education decision (for students). It can also occur when an individual believes that he or she must submit to the unwelcome conduct in order to avoid an adverse employment action or to secure a promotion (for employees) or to participate in school program or activity (for students).
*Note: Though Quid Pro Quo Harassment typically involves conduct of a sexual nature, it can also result from unwelcome conduct of a religious nature. For example, a supervisor offers a subordinate employee a promotion if the employee joins the supervisor’s religion.
2.2.2 Hostile Environment Harassment occurs when unwelcome conduct based upon an individual’s age (40 or older), color, disability, gender identity, genetic information, national origin, race, religion, sex (including pregnancy), sexual orientation or veteran status is sufficiently severe or pervasive to:
(For Students):
· deny or limit a student’s ability to participate in or benefit from NC State’s programs or activities; or
· create an intimidating, threatening or abusive educational environment.
(For Employees):
· create an intimidating, hostile or offensive working environment.
A Hostile Environment is determined by looking at whether the conduct is objectively offensive (i.e., a reasonable person would find it to be) and subjectively offensive (i.e., the person who is the object of the unwelcome conduct finds it to be).
All relevant circumstances are examined as part of this determination, including but not limited to, the type of Harassment (e.g. whether verbal, physical, electronic); the frequency of the conduct, the severity of the conduct, the protected group status and relationship of the individuals involved, whether the conduct was physically threatening or humiliating, whether the conduct unreasonably interfered with work performance (for employees) or academic performance (for students). When sufficiently severe, a single instance of unwelcome conduct (e.g., sexual assault) may constitute Hostile Environment Harassment.
2.3 Retaliation is any adverse action (including intimidation, threats or coercion) against an individual because that individual engaged in a protected activity.
2.4 Protected activity includes:
· opposing a practice believed to be a violation of this policy;
· participating in an investigation, proceeding or hearing involving a violation of this policy; or
· requesting a reasonable accommodation based on disability or religion.

Code of Student Conduct

10.15 Sexual Misconduct
Sexual Misconduct includes:
(a) Sexual Harassment, as defined in NCSU POL 04.25.05 (Equal Opportunity and Non-Discrimination Policy). Sexual harassment may include, for example, unwelcome sexual advances and sexual favors. Sexual harassment also includes acts of sexual violence.
(b) Sexual Exploitation, which is taking sexual advantage of another person without consent, and includes, but is not limited to, causing or attempting to cause the incapacitation of another person in order to gain a sexual advantage over the other person; causing the prostitution of another person; recording, photographing or transmitting identifiable images of private sexual activity and/or the intimate parts (including genitalia, groin, breasts or buttocks) of another person; and allowing third parties to observe private sexual acts.
(c) Sexual Contact (without consent), which is the deliberate touching of a person’s intimate parts (including genitalia, groin, breast or buttocks or clothing covering any of those areas); or the deliberate touching of another person with one’s intimate parts; or using force to cause a person to touch his/her own or another person’s intimate parts.
(d) Sexual Intercourse (without consent), which is the penetration (anal, oral or vaginal) of a person by a penis, tongue, finger or an inanimate object; or
(e) Retaliation (including threats, harassment, intimidation, coercion) against a person because he/she filed a complaint alleging sexual misconduct or participated in an investigation or procedure involving charges of sexual misconduct.
10.16 Stalking
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to feel fear. Stalking may include, for example, non-consensual communication, including in-person communication or contact, surveillance, telephone calls, voice messages, text messages, email messages, social networking site postings, instant messages, postings of pictures or information on web sites, written letters, gifts or any other communications that are undesired and/or place another person in fear.