Definitions & Policies
Sexual Harassment:
Sexual harassment is conduct that is sexual in nature, unwelcome, and denies a student the ability to participate in, or benefit from, a school’s educational program or activity. Sexual harassment can include unwelcome sexual advances, request for sexual favors, and other verbal, nonverbal or physical conduct of a sexual nature. Sexual harassment is therefore a form of discrimination based on sex, and can be recognized when:
A.) Submission to or rejection of such conduct or communication is a term or condition of educational benefits, academic evaluations or opportunities (quid pro quo); and submission to such conduct or communication has the effect of substantially interfering with a student’s education; or
B.) Such conduct is sufficiently severe, pervasive and objectively offensive as to have the effect of creating an intimidating,
hostile or offensive environment sufficient to deny an individual educational benefits or participation in activities at the
institution (hostile environment).
See page 57 of the Students Guide for more information on harassment and discrimination>
Non‐Consensual Sexual Contact includes:
- Any sexual touching;
- however slight;
- with any object or body part, including fingers;
- by a man or a woman upon a man or a woman;
- without effective consent.
Policy statement: Touching an unwilling or non‐consensual person’s intimate parts (such as genitalia, groin, breast, buttocks, mouth, and/or clothing covering them); touching an unwilling person with one’s own intimate parts; or forcing an unwilling person to touch another’s intimate parts are violations of Haverford’s community standards.
Non‐Consensual Sexual Intercourse includes:
- any sexual intercourse (anal, oral or vaginal);
- however slight;
- with any object or body part, including fingers;
- by a man or a woman upon a man or a woman;
- without effective consent.
Policy statement: Unwilling or non‐consensual penetration of any bodily opening with any object or body part, including but not limited to penetration of a bodily opening without effective consent through the use of coercion is a violation of Haverford’s community standards.
Forced Sexual Intercourse includes:
- Forced sexual intercourse (anal, oral or vaginal)
- With any object or body part, including fingers
- Using force, threat, or intimidation
- By a man or woman upon a man or woman
Policy statement: The unwilling or non‐consensual penetration of any bodily opening with any object or body
part that is committed either by force, threat, intimidation, or through exploitation of another’s mental or physical
condition of which the assailant was aware, or should have been aware, is a violation of Haverford’s community
standards.
Some key concepts:
Intercourse: Intercourse is not synonymous with penetration. It includes vaginal penetration by a penis, object, tongue or finger; anal penetration by a penis, object, tongue or finger; and oral copulation (mouth to genital contact or genital to mouth contact).
Sexual touching: Sexual touching is any sexual contact with the breasts, buttocks, groin, genitals, mouth or other bodily orifice of another, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any bodily contact in a sexual manner, even if not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.
Effective consent is:
- informed;
- freely and actively given;
- mutually understandable words or actions;
- a clear indication of willingness to engage in mutually agreed upon sexual activity (or in more plain language‐‐ to agree to do the same thing, at the same time, in the same way, with each other).
Policy statement: Engaging in any sexual activity with a person whom one knows or should reasonably know to be physically incapacitated or otherwise unable to give consent is a violation of Haverford’s community standards.
Some important considerations
- The same definitions apply whether the assailant is a stranger or an acquaintance
- The consumption of alcohol impedes one’s ability to give effective consent, as well as to recognize when consent is not effective
- The responsibility of obtaining effective consent is that of the person who wants to engage in the sexual activity; it is not up to the victim to prove that consent was not given
- Lack of resistance and/or silence does not imply consent. Therefore, relying on non-verbal communication can lead to misunderstanding
- The existence of a dating relationship between the persons involved or the fact of a past sexual relationship should never provide the basis for an assumption on consent
- Consent that is obtained through the use of force, threats, intimidation or coercion is not effective consent