Policies and Definitions
Antioch University is committed to maintaining and strengthening educational and working environments founded on mutual respect in which strong bonds of intellectual independence and trust connect students, faculty, and staff. Sexual misconduct is antithetical to the standards and ideals of our community. Therefore, Antioch University prohibits all forms of sexual misconduct. Antioch aims to eradicate sexual misconduct through education, training, clear definitions and policies, and serious consequences for policy violations. The University Title IX Coordinator is responsible for ensuring compliance with Antioch’s policies regarding sexual misconduct as well as addressing allegations of sexual misconduct.
Policies
Antioch’s Sexual Harassment, Sexual Violence, and Sex Discrimination policy applies to all members of the Antioch community as well as conduct by third parties (i.e., individuals who are not students, faculty, or staff, including but not limited to guests and consultants) directed toward University students, faculty, or staff members while on campus or participating in Antioch programs or activities in the United States. These policies also cover the conduct that occurs in the process of applying for admission to a program or selection for employment. Sexual misconduct that occurs outside an Antioch program or activity or outside the United States may be addressed by the University through our student and employee conduct and discipline policies.
View the policies listed below to learn more about the forms of sexual misconduct prohibited by University policy and federal and state law.
Title IX Policy
Other Related Policies
- 6.102 Student Academic Rights, Freedom, and Responsibilities
- 6.103 Student Conduct Policy
- 6.109 Student Grievance Policy
Definitions
Antioch prohibits any form of sexual harassment and sexual misconduct as defined below and in our Sexual Harassment, Sexual Violence, and Sex-Discrimination policy.
Sexual Harassment: conduct on the basis of sex that satisfies one or more of the following:
Sexual violence, meaning any instance of sexual assault (as defined in the Clery Act), dating violence, or stalking as defined in the Violence Against Women Act (VAWA).
Quid pro quo sexual harassment occurs when an employee of the University conditions the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct;
Unwelcome harassing behavior that a reasonable person would find so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity; or
Sexual Assault: An offense classified as forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. “Sexual assault” is defined in the Clery Act (20 U.S.C. §1092) as a sexual act directed against another person, without the consent of the victim, including instances when the victim is unable to give consent. Sexual assault includes the following:
- “Rape,” which is the 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.
- “Fondling,” which is 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 age or because of temporary or permanent mental or physical incapacity.
- “Incest,” which is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
“Statutory rape,” which is sexual intercourse with a person who is under the statutory age of consent.
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. Violence includes but is not limited to, sexual or physical abuse or the threat of such abuse. The existence of a social relationship of a romantic or intimate nature with the victim is determined based on the length of the relationship, the type of the relationship, and the frequency of interaction between the persons involved in the relationship.
Domestic violence: A felony or misdemeanor crime of violence committed by any of the following individuals: a current or former spouse 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; a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies; 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.
Stalking: Defined under federal law as 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 to suffer substantial emotional distress. For the purpose of this definition:
“Reasonable person” means a reasonable person under similar circumstances and with similar identities to the victim.
“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 follows, monitors, observes, surveils, threatens, or communicates to or about a person or interferes with a person’s property.
“Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
Statement on Consent
“Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure they have the affirmative consent of the other(s) to engage in sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, is not by itself assumed to be an indicator of consent. Consent for one sexual act does not imply consent for any subsequent sexual activity. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. It shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances:
- The complainant was asleep or unconscious.
- The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so the complainant could not understand the fact, nature, or extent of the sexual activity.
- The complainant was unable to communicate due to a mental or physical condition.
In addition, it shall not be a valid excuse for the alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under either of the following circumstances:
- The respondent’s belief in affirmative consent arose from the intoxication or recklessness of the accused.
- The respondent did not take reasonable steps to ascertain whether the complainant affirmatively consented in the circumstances known to the respondent at the time.
“Complainant” refers to an individual who is alleged to be the target of conduct that could constitute sexual harassment.
“Respondent” refers to an individual whose alleged conduct could constitute sexual harassment.
“Force”is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation, and coercion that overcomes resistance or produces consent.
“Coercion”is unreasonable pressure for sexual activity. Coercion is the use of emotional manipulation to persuade someone to do something they may not want to do, such as being sexual or performing certain sexual acts. Being coerced into having sex or performing sexual acts is not consenting sex and is considered sexual misconduct.