Sexual Harassment Prohibited by Title IX

The following types of sexual misconduct (referred to as "Title IX Sexual Harassment") are prohibited under Title IX and this policy:

Quid Pro Quo Harassment by an Employee: An employee of NSU conditions the provision of an aid, benefit, or service on an individual’s participation in unwelcome sexual conduct (e.g. “If you do this sexual activity for me, I will give you a good grade”).
Denial of Access: Unwelcome sexual conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the NSU education program or activity.
Title IX Sex Offense: A sexual offense that meets one or more of the following:
1. Non-consensual sexual penetration: 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 consent of the victim.
2. Non-consensual sexual contact: the touching of clothed or unclothed private body parts (i.e. breast, buttocks, genital area, groin, and inner thigh) of another person through human contact or with an object for the purpose of sexual gratification. This may occur through force or against someone’s will or it may occur without force when a person cannot consent because of age or incapacitation.
3. Non-forcible sexual offenses:
  1. Statutory rape: sexual intercourse with a person under the age of consent, which is 18 in the state of Florida and 16 in Puerto Rico.
  2. Incest: sexual intercourse between persons who are directly related (i.e. blood relatives).
4. 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. The existence of the relationship is determined by the reporting party’s statement with consideration of the length of relationship, type of relationship, and frequency of interaction between the persons in the relationship.
5. Domestic violence: felony or misdemeanor level crime of sex-based violence or the threat of violence committed—
  1. By a current or former spouse or intimate partner of the victim;
  2. By a person with whom the victim shares a child in common;
  3. By a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; or
  4. By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
6. Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or suffer substantial emotional distress.
  1. “Course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means; follow, monitors, observes, surveils, threats, or communicates to or about a person, or interferes with a person’s property.
  2. “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the individual the stalking is directed towards.
  3. “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
RETALIATION: No person nor NSU may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, provided information, assisted, participated or refused to participate in any manner in a Title IX investigation or proceeding.