Definitions of Sexual Misconduct

Sexual Violence/Assault is attempted or completed sexual contact with another person without that person’s consent. Sexual assault includes, but is not limited to:

1. Involvement in any sexual contact when the victim is unable to consent.
2. Intentional and unwelcome touching of, or coercing, forcing, or attempting to coerce or force another to touch a person’s intimate parts (defined as genital area, groin, inner thigh, buttocks or breasts).
3. Sexual intercourse without consent, including acts commonly referred to as “rape.”
4. Battering that causes bodily injury;
5. Purposely or knowingly causing reasonable fear or bodily injury;
6. Emotional abuse creating fear or bodily injury or property damage;
7. Repeated telephonic, electronic, or other forms of communication (anonymously or directly) made with the intent to intimidate.

Domestic Violence a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner. Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.

Stalking is repeatedly following, monitoring, harassing, threatening, or intimidating another by telephone, mail, electronic communication, or social media without legitimate purpose and with intent to harass, annoy, or alarm another person, by or in reckless disregard of the risk thereof.

1. Sending sexually explicit or offensive text messages or other communications.

Discriminatory Speech and Behavior includes unwelcome and offensive speech or conduct (“harassment”) on the basis of any of the Legally Protected Categories identified in the University Policy. Harassment based on a person’s age, gender, race, etc. is also unlawful if the harassment is so severe or pervasive that it creates a hostile environment for work or study, thereby altering the terms, conditions, or privileges of an employee’s employment, or depriving or limiting a student’s or employee’s access to the programs and activities of the university.

1. Sexually-suggestive or offensive joking, flirting, or comments.
2. Unwelcome and intentional touching.
3. Sexually-oriented verbal abuse.
4. Sexually-oriented comments about an individual's body.
5. Displaying objects or pictures that are sexual in nature.

Equal Opportunity is a school policy that provides equal opportunities to all qualified employees and applicants for employment. This policy prohibits unlawful discrimination on the basis of any Legally Protected Category in all employment practices, including recruiting, hiring, training, upgrading, promoting, and transferring; compensation and benefits; conditions and privileges of employment; discipline, layoff, and termination.

Consent is one giving permission for another to engage in sexual activity of any kind with the consenter. In order for sexual activity to be considered consensual, consent must be received by both parties who are fully conscious and able to make reasonable decisions, free from incapacitation by alcohol or drugs, have the equal ability to act, are positive and sincere in their desires, and have clearly communicated their intent. In the absence of an outward demonstration, consent does not exist. A party can change their mind about giving their consent at any time during sexual activity in which the activity must stop.

BYU-Hawaii’s Office of Honor upholds a standard which states that parties can only engage in sexual activity freely within the legal bonds of marriage. Consensual sexual activity outside the bonds of marriage is against the Honor Code and may result in probation, suspension, or dismissal from the university.

Incapacitation means an individual is incapable of making fully informed and rational judgments in which they understand the consequences of a decision. Incapacitation can occur through the use of drugs or alcohol, or through an existing mental or physical state. Whether incapacitation is due to an individuals pre-existing conditions, intoxication through their own choices or through another individuals persuasion or coercion, the individual is still unable to give consent, and sexual activity should not occur.

Retaliation is an act or attempt to retaliate or seek retribution against the Complainant, Accused, or any individual or group of individuals during the investigation and or resolution process. Retaliation includes but not limited to intimidating, threatening, coercing, or in any way discriminating against an individual of the Complainant’s allegations.