S E X U A L
M I S C O N D U C T
Definition of Sexual Misconduct
The term "sexual misconduct" means the involvement in any sexual act
with another person without the acknowledged and informed consent of the
other person. Failure of the other person to object to the sexual act
does not qualify as acknowledged and informed consent, particularly when
the other person is incapacitated by drugs, alcohol, mental deficiency,
or other disability. Sexual misconduct specifically includes the
following acts with another person which occur without the acknowledged
and informed consent of the other person:
1. "Sexual contact" means any intentional touching of the genitals or anus of any person, or the breast of any female person, or any such intentional touching through the clothing;
2. "Aggravated sexual contact" means any sexual act involving the genitals of one person and the mouth, tongue, hand or anus of another person, or the introduction of any foreign object into the genitals, anus, or other bodily orifice of the other person;
3. "Sexual intercourse" means any penetration, however slight, of the female sex organ by the male sex organ, whether or not an emission results.
Specifically excluded from this definition is the touching of another person for legitimate medical or safety purposes due to an emergency situation, which precludes consent, but for which consent could be reasonably presumed.
The term "sexual misconduct" also includes any act of sexual harassment. The term "sexual harassment" is defined in the Sexual Harassment Policy as found in chapter 15 of the Code of Policies.
University
Procedure for Sexual Misconduct
If a sex offense occurs, the following procedure should be followed.
If the offense occurs on University property, it should be reported to
the Department of Public Safety. If the offense did not occur on
University property, victims have the option to allow the Department of
Public Safety, Student Affairs, or the University Counseling Center to
assist them in notifying the proper jurisdictional authorities if the
victim wishes to make a formal complaint. It is important to preserve
evidence in the event the victim wishes to pursue criminal charges. The
victim should get medical attention as soon as possible at the local
hospital. Physical specimens collected by medical staff soon after the
sex offense can be valuable evidence if criminal charges are filed. If a
victim chooses to pursue University disciplinary procedures, this may be
done regardless of criminal proceedings. During University disciplinary
proceedings, the accuser and accused are both entitled the same
opportunities to have advisors of their choice present. Additionally,
both the accuser and the accused are informed of the outcome of
University discipline proceeding alleging a sexual assault.
Sanctions imposed for sexual misconduct offenses following a University disciplinary proceeding may range from counseling to expulsion as explained in Chapter 8 of the University Policies and Procedures Manual which is available in any administrative office or on reserve in the library. Victims of sexual misconduct may wish to seek support through counseling. The University Counseling Center is available for emergency consultations. If the student wishes, Public Safety officers will assist in making these arrangements. Students may also contact the University Counseling Center themselves at 785-4014. Community based assistance is available through Victim Support Services at 665-6617. Victims that wish to make changes in their academic schedule or in campus living arrangements after an alleged sexual assault may do so providing changes can be reasonably accomplished. Victims should contact the Dean of Student Affairs for assistance.
University
Statement on Sexual Misconduct
Truman State University will not tolerate on its campus or among its
members sexual misconduct in any form. This includes any sexual contact
without the acknowledged and informed consent of another person. The
University will neither shield nor intervene in legal proceedings
against any member of the University community who is charged with a
sexual offense. Sexual misconduct is a violation of the rules of conduct
set forth in the Bylaws and Policies of the Board of Governors. In
response to the seriousness of sexual misconduct, the University has
adopted specific protocols for dealing with incidents and encourages any
member of the community who is a victim of sexual misconduct to report
it to the Department of Public Safety. A University disciplinary board
will review reported cases of sexual misconduct. If University rules
have been violated, sanctions may include suspension or expulsion from
the University.
Avoiding Sexual Miscommunication
- Communicate your sexual desires honestly and as early as possible.
- Do not assume that you know what another person wants; check out your assumptions. If you are getting a double message from someone, speak up and clarify what he/she wants.
- If you have doubts about what someone wants, Stop, Ask, Clarify.
- Do not assume you both want the same degree of intimacy. He/she may be interested in some sexual contact other than intercourse. There may be several kinds of sexual activity you might mutually agree to share.
- Do not assume his/her desire for affection is the same as desire for intercourse. People define intimacy differently. It may be very intimate for someone on the first date to give you a good night kiss.
- A person who turns you down for sex is not rejecting you as a person; he/she is expressing a decision not to participate in a single act at that time.
- Do not be afraid to talk!
Considerations
- If you feel uneasy or pressured, leave the situation.
- Do not feel that you have to adopt new values or behaviors because you are in college.
- Do not do anything you do not want to do just to "fit in."