Prohibited Conduct

Discrimination, defined as actions that deprive other members of the University community of educational or employment access, benefits or opportunities on the basis of that person’s sex, gender, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity.

Additional information about Rockford University’s Policy on nondiscrimination on the basis of pregnancy or related conditions can be found in the Rockford University Title IX Pregnancy or Related Conditions Response and Support Policy.

Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity that satisfies one or more of the following three types of behavior:

A Rockford University employee, agent, or another person authorized by the Rockford University to provide an aid, benefit, or service under the Rockford University’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct.

For example, unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature by a person having power or authority over another constitutes quid pro quo harassment when submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating or evaluating an individual’s educational or employment progress, development or performance. This includes when submission to such conduct would be a condition for access to receiving the benefits of or opportunities in any educational or employment program.

Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the University’s education program or activity (i.e., creates a hostile environment).

Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:

(1) The degree to which the conduct affected the complainant’s ability to access the University’s education program or activity;
(2) The type, frequency, and duration of the conduct;
(3) The Parties’ ages, roles within the University’s education program or activity, previous interactions, and other factors about each Party that may be relevant to evaluating the effects of the conduct;
(4) The location of the conduct and the context in which the conduct occurred; and
(5) Other sex-based harassment in the University’s education program or activity.

Conduct that may constitute Hostile Environment includes, but is not limited to:• Administration of date rape drug(s)
• Touching of a non-private body part with the person’s own private body part
• Touching of a private body part with the person’s own non-private body part
• Attempted sexual assault

The following conduct when motivated by the actual or perceived membership of the complainant’s sex, gender, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity:

• Threatening or causing physical harm, extreme verbal abuse or other conduct which threatens or endangers the health or safety of any person
• Intimidation, defined as implied threats or acts that cause an unreasonable fear of harm in another.
• Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the University community when related to the admission, initiation, pledging, joining or any other group-affiliation activity (as defined further in Hazing Policy)
• Bullying, defined as:

• repeated and/or severe
• aggressive behavior
• likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally
• that is not speech or conduct otherwise protected by the 1st Amendment.

Forcible or non-forcible sex offenses under the FBI’s Uniform Crime Reporting program (U.C.R.). Various forms of sexual assault include:

Sex Offenses, Forcible: Any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent.

(1) Forcible Rape: (Except Statutory Rape) The carnal knowledge of a person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her/their youth or because of his/her/their temporary or permanent mental or physical incapacity.

(2) Forcible Sodomy: Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her/their youth or because of his/her/their temporary or permanent mental or physical incapacity.

(3) Sexual Assault with an Object: To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her/their youth or because of his/her/their temporary or permanent mental or physical incapacity.

(4) Forcible Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her/their youth or because of his/her/their temporary or permanent mental or physical incapacity.

Sex Offenses, Nonforcible: (Except Prostitution Offenses) Unlawful, nonforcible sexual intercourse.

(1) Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
(2) Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent. In the state of Illinois, the age of consent is 17 years old.

In an effort to clarify these definitions, Rockford University also summarizes these forms of sexual assault as Non-Consensual Sexual Intercourse: Non-consensual sexual intercourse consists of any sexual intercourse (urethral, anal, oral, or vaginal), however slight, with any body part or any object, by a person upon another person, without consent. Non-consensual sexual activity occurs if a person is forced to have sexual intercourse, or if sexual intercourse occurs under circumstances in which a person is unable to consent to such activities.

Sexual intercourse may involve vaginal, oral, urethral, or anal penetration by any body part or any object. The perpetrator may be known or unknown to the victim. The force necessary can be any amount (or threat) of force which places the victim in fear of injury or in fear of their life. The perpetrator need not use a weapon nor must they physically abuse the victim to make the victim fearful of injury or in fear of their life. The terms “acquaintance rape” and “date rape” refer to the above-described behavior perpetrated by someone known to the reporting party. 

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, and where the existence of such a relationship shall be determined based on a consideration of the following factors:

(1) The length of the relationship
(2) The type of relationship
(3) The frequency of interaction between the persons involved in the relationship

Felony or misdemeanor crimes of violence committed by a person who:

(1) Is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of the jurisdiction of the University, or a person similarly situated to a spouse of the victim;
(2) Is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner;
(3) Shares a child in common with the victim; or
(4) Commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of the jurisdiction.

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

(1) Fear for the person’s safety or the safety of others; or
(2) Suffer substantial emotional distress.

The University is required under Federal Title IX regulations to respond to incidents of sex-based harassment as stated above. Additionally, conduct outlined in the above definitions of sex-based harassment may be considered a violation of state law and subject to mandatory reporting and/or criminal investigation.