generic nature not on the basis of membership in a protected class may not result in a violation of this policy but may be addressed through education and/or other resolution methods.
This policy prohibits any form of sexual harassment. Sexual harassment is unwelcome sexual- or gender-based verbal, written, direct/indirect, online, and/or physical conduct. Sexual harassment creates a hostile environment and may be disciplined when it is sufficiently severe, pervasive, persistent, or objectively offensive that it:
This policy prohibits any form of sexual misconduct. Acts of sexual misconduct may be committed by any person upon any other person, regardless of the sex, gender, sexual orientation, and/or gender identity of those involved, when a person commits an act without consent. The definition of consent below will be used in the interpretation and application of this policy:
Consent is an ongoing voluntary agreement, which can be given verbally or nonverbally, to engage in sexual activity. Absence of protest is not consent. In order to obtain consent, all parties:
The same definition holds whether the assailant is a stranger, an acquaintance, friend or a significant other. The University policy is that a person has the right at any time to say “no” to sexual activity and that “no” means “no.” It is the University’s position that every human being is entitled to privacy and respect, and that rape is a violent crime of power as well as a violation of human dignity.
An individual who engages in sexual activity when the individual knows, or should know, that the other person is physically or mentally incapacitated has violated this policy. It is not an excuse that the respondent to a claim of sexual misconduct was intoxicated and, therefore, did not realize the other person's incapacity.
As used in KRS 510.020, Lack of consent. (1) Whether or not specifically stated, it is an element of every offense defined in this chapter that the sexual act was committed without consent of the victim. (2) Lack of consent results from: (a) Forcible compulsion; (b) Incapacity to consent; or (c) If the offense charged is sexual abuse, any circumstances in addition to forcible compulsion or incapacity to consent in which the victim does not expressly or impliedly acquiesce in the actor's conduct. (3) A person is deemed incapable of consent when he or she is: (a) Less than 16 years old; (b) An individual with an intellectual disability or an individual that suffers from a mental illness; (c) Mentally incapacitated; (d) Physically helpless; or (e) Under the care or custody of a state or local agency pursuant to court order and the actor is employed by or working on behalf of the state or local agency. (4) The provisions of subsection (3)(e) of this section shall not apply to persons who are lawfully married to each other and no court order is in effect prohibiting contact between the parties.