What is Sexual Misconduct?

What is Sexual Misconduct?

Sexual misconduct includes engaging in any of the following behaviors:

(a)    Sexual harassment, which can include any unwelcome sexual advance or request for sexual favors, or any conduct of a sexual nature when submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s education or employment; submission to or rejection of such conduct by an individual is used as a basis for academic or employment decisions affecting the individual; or such conduct has the purpose or effect of substantially interfering with an individual’s academic or work performance or creating an intimidating, hostile or offensive educational or employment environment. Examples of conduct which may constitute sexual harassment include but are not limited to:

  • sexual flirtation, touching, advances or propositions
  • verbal abuse of a sexual nature
  • pressure to engage in sexual activity
  • graphic or suggestive comments about an individual’s dress or appearance
  • use of sexually degrading words to describe an individual
  • display of sexually suggestive objects, pictures or photographs
  • sexual jokes
  • stereotypic comments based upon gender
  • threats, demands or suggestions that retention of one’s educational status is contingent upon toleration of or acquiescence in sexual advances.

Retaliation is prohibited and occurs when a person is subjected to an adverse employment or educational action because he or she made a complaint under this policy or assisted or participated in any manner in an investigation.

(b)   Sexual assault shall include, but is not limited to, a sexual act directed against another person without the consent (as defined herein) of the other person or when that person is not capable of giving such consent.

Sexual assault is further defined in sections 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b and 53a-73a of the Connecticut General Statutes.

(c)    Sexual exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for anyone’s advantage or benefit other than the person being exploited, and that behavior does not otherwise constitute one of the preceding sexual misconduct offenses. Examples of behavior that could rise to the level of sexual exploitation include:

  • Prostituting another person;
  • Non-consensual visual (e.g., video, photograph) or audio-recording of sexual activity;
  • Non-consensual distribution of photos, other images, or information of an individual’s sexual activity, intimate body parts, or nakedness, with the intent to or having the effect of embarrassing an individual who is the subject of such images or information;
  • Going beyond the bounds of consent (for example, an individual who allows friends to hide in the closet to watch him or her having consensual sex);
  • Engaging in non-consensual voyeurism;
  • Knowingly transmitting an STI, such as HIV to another without disclosing your STI status;
  • Exposing one’s genitals in non-consensual circumstances, or inducing another to expose his or her genitals; or
  • Possessing, distributing, viewing or forcing others to view illegal pornography.

Sexual exploitation is further defined as a crime in Connecticut State Law.


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