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Complainant: Any individual who is alleged to be the victim of conduct that could constitute sexual harassment. At the time of the filing of a formal complaint, a complainant must be participating in or attempting to participate in the education program or activity of the recipient with which the formal complaint is filed.

Any person may report sex discrimination, including harassment, whether or not the person reporting is the person alleged to be the victim of discrimination or harassment. Consent: Consent is clear, knowing, and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, if those words or actions create mutually understandable clear permission regarding willingness to engage in and the conditions of sexual activity. If coercion, intimidation, threats, or physical force are used, there is no consent.

If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature or extent of the sexual situation, there is no consent.

This includes impairment or incapacitation due to alcohol or drugs or being asleep or unconscious. Incapacitation is a state where someone cannot make rational, reasonable decisions because he or she lacks the capacity to give knowing consent. This Policy also covers a person whose incapacity from mental disability, sleep, involuntary physical restraint, or from the taking of rape drugs. Use of alcohol or other drugs will never function as a defense to a violation of this Policy.

An individual violates this policy if the individual initiates and engages in sexual activity with someone who is incapacitated, and 1 the individual knew the other person was incapacitated, or 2 a sober reasonable person under similar circumstances as the person initiating the sexual activity would have known the other person was incapacitated.

There is also no consent when there is force, expressed or implied, or use of duress or deception upon the victim. Whether an individual has taken advantage of a position of influence over an alleged victim may be a factor in determining consent.

Force also includes overt threats, implied threats, intimidation, and coercion that overcome resistance or produce consent. Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive. Under Arkansas law, the age of consent varies with the degrees of assault, the age of the actor, and the relationship of the actor to the other party.

For specific information, please refer to Arkansas statutes e.

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Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. In addition, relationships or prior consent cannot imply consent to future sexual acts. Dating Violence: 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 relationship is determined based on consideration of the following factors: 1 the length of the relationship; 2 the type of relationship; and 3 the frequency of interaction between the persons involved in the relationship.

Days: Refers to working days, rather than calendar days, unless otherwise specified.

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Education Program or Activity: Includes locations, events, or circumstances over which the University exercised substantial control over both the respondent and the context in which the sexual harassment occurred, and also includes any building owned or controlled by an officially recognized student organization. Formal Complaint: A document filed by a complainant or ed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the recipient investigate the allegation of sexual harassment.

Preponderance of the Evidence: A standard of proof where the conclusion is based on facts that are more likely true than not. Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

Sanctions: The determination of sanctions to be imposed against a respondent who is found to have been responsible for violating this policy will depend upon the nature and gravity of the misconduct, any record of prior discipline for a violation of this Policy, or both.

A nonforcible sex offense includes incest i. A forcible sex offense is any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent. A forcible sex offense includes:. Sexual Harassment: Sexual harassment is conduct on the basis of sex constituting one of the following:.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress. Supportive Measures: Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without a fee or charge to the complaint or respondent before or after the filing of a formal complaint or where no formal complaint has been filed.

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In accordance with the requirements of Title IX and 34 C. Partthe University of Arkansas does not discriminate on the basis of sex in the operation of its education programs, including admissions and employment. Toggle Menu. Definitions U of A Title IX Definitions Complainant: Any individual who is alleged to be the victim of conduct that could constitute sexual harassment. Party : The complainant or respondent. A forcible sex offense includes: forcible rape: the penetration, no matter how slight, of the vagina or anus with any part of the body or object, or oral penetration by a sex organ of another person, without the consent of the victim.

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Creative Counseling Center of NWA understands that you always have a choice in your mental health care.