Definitions
Definitions
Term | Definition | Examples |
---|---|---|
Sex Discrimination | Sex Discrimination represents an umbrella term encompassing multiple types of actions involving the unfavorable treatment of an individual or a group of identifiable individuals based on sex. | Sex discrimination can come in multiple forms, including unequal educational services based on sex, biased selection criteria that disfavor one sex, gender stereotyping, and acts of aggression such as verbal, nonverbal, or physical behavior directed at another because of that individual’s sex. |
Sexual Harassment | Sexual Harassment is one type of sex discrimination under Title IX. OCR states that sexual harassment is “unwelcome conduct of a sexual nature.”That is, “any unwelcome conduct of a sexual nature.” | Sexual harassment can include conduct such as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature such as unwelcome touching of a person’s body. Forms of sexual harassment can include: stalking; implied or overt threats or negative outcomes if someone refuses sexual advances; unspoken sexual innuendo such as voice inflection when complimenting appearance or gazing at parts of the body other than the face; remarks about an individual’s body or appearance; display of sexually oriented objects, images, or cartoons; sexual jokes and sexual assault. |
Hostile Environment Sexual Harassment | Hostile Environment Sexual Harassment occurs when one or more instances of sexual harassment are severe or pervasive enough to affect an individual’s ability to participate in or benefit in an educational program or activity. | A hostile environment refers to sexually harassing conduct that is severe or pervasive and includes acts of sexual violence (see below). |
Sexual Violence | Sexual Violence is a severe form of hostile environment sexual harassment that represents conduct involving “physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s incapacity. An individual’s incapacity may arise from the use of drugs or alcohol or individual conditions including intellectual or other disability. | This type of prohibited conduct may manifest in forms that include “rape, sexual assault, sexual battery, and sexual coercion.” |
Domestic Violence | A "felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim, a person with whom the victim shares a child in common, a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies under VAWAJ, or 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 the jurisdiction." | Domestic violence is manifested by control and Isolation. Control techniques include: insisting on knowing details on whereabouts, close scrutiny of money, friends, plans, and transportation. Isolation involves controlling contacts and suggesting that outside contacts are either dangerous or disloyal. |
Stalking | Engaging in a course of conduct 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. | Some examples include:
|
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 following factors:
|
Dating violence is using physical means to intimidate |