Any number of actions legally qualify as sexual misconduct, including but not limited to, the following categories:

Consensual Relationships:

The Office of Civil Rights dictates that consensual romantic and/or sexual relationships where a power differential exists, whether real or perceived, will be assumed nonconsensual when a complaint is filed. The effect of such a relationship may render an individual's work, academic, or social environment intimidating, offensive, or hostile. Hence, all University employees are strongly discouraged from entering into romantic and/or sexual relationships, which could lead to the creation of a hostile educational, social, and/or work environment for other members of the University community.

4. Stalking:

Course of conduct targeted at an individual or group that would cause a reasonable person to feel afraid.

In Kentucky, stalking means an intentional “course of conduct” towards a “specific person” that

  1. Does not serve a legitimate purpose,
  2. Seriously alarms, annoys, intimidates or harasses that person and
  3. Would cause a reasonable person to suffer substantial mental distress.

Constitutionally protected activity is excluded.

The “course of conduct” must include at least two acts, one of which can be the use of a device to communicate or transmit information, such as a telephone, computer, camera, scanner, copier, audio/video recorder and any equipment that enables use of the device.

As used in KRS 508.140 Stalking in the first degree.

A person is guilty of stalking in the first degree A. When he or she intentionally:

  1. Stalks another person; and
  2. Makes an explicit or implicit threat with the intent to place that person in reasonable fear of:
  3. Sexual contact as defined in KRS 510.010;
  4. Serious physical injury; or
  5. Death; and

A protective order has been issued by the court to protect the same victim or victims and the defendant has been served with the summons or order or has been given actual notice; or a criminal complaint is currently pending with a court, law enforcement agency, or prosecutor by the same victim or victims and the defendant has been served with a summons or warrant or has been given actual notice; or The defendant has been convicted of or pled guilty within the previous five (5) years to a felony or to a Class A misdemeanor against the same victim or victims; or The act or acts committed while the defendant had a deadly weapon on or about his person.

Stalking in the first degree is a Class D felony.

508.150 Stalking in the second degree

A person is guilty of stalking in the second degree when he intentionally:

  • a. Stalks another person; and