VCOM Institutional Policy and Procedure Manual

VCOM Policy and Procedure

Policy #U011

5.

VIOLENCE Violence is the unlawful exercise of physical force and includes physical contact through any act of violence, physical control, and/or intimidation through threat of violence. Sexual violence includes unwanted sexual contact through intimidation, physical control, and extends to an act of sexual contact with a person who is incapacitated to the point of being unable to voice consent or their lack of consent. Sexual violence encompasses several categories including rape, sodomy, and sexual assault by a person or with an object and includes the crimes of dating violence, domestic violence, sexual assault, and stalking. Sexual assault for purposes of this policy is any type of sexual contact or sexual behavior that occurs without the explicit consent of the recipient. Sexual Harassment, as defined herein, is a form of sexual violence. Violence of any type is a violation of VCOM policy. 6. DEFINITIONS FOR PURPOSES OF THE TITLE IX FINAL RULE • Sexual Assault - Any sexual act directed against another person, forcibly and/or against that person’s will; o forcible rape o forcible sodomy o sexual assault with an object o forcible fondling; or not forcibly or against that person’s will where the victim is incapable of giving consent. o incest o statutory rape • Dating Violence - Violence committed by a person: o who is or has been in a social relationship of a romantic nature or intimate nature with the victim; and o where the existence of such a relationship shall be determined based on a consideration of the following factors:  the length of the relationship.  the type of relationship.  the frequency of interaction between the persons involved in the relationship. • Domestic Violence - Felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or who has cohabitated with the victim as spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by 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.

VCOM Discrimination, Harassment, and Violence Policy and Procedures

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