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- Non-Consensual Sexual Intercourse or Penetration (Rape) means the penetration, no matter how slight of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person without consent. Sexual Intercourse includes (a) vaginal penetration by a penis, object, tongue, or finger; (b) anal penetration by a penis, object, tongue, or finger; and (c) any contact, no matter how slight, between the mouth of one person and the genitalia of another person.
- Non-Consensual Sexual Contact (Fondling) means any intentional sexual touching, however slight, with any body part or any object, without consent. Examples of non-consensual sexual contact may include: genital-genital or oral-genital contact not involving penetration; contact with breasts, buttocks, or genital area, including over clothing; removing the clothing of another person; and kissing.
- Sexual Exploitation – behavior that takes, or facilitates the taking of, non-consensual sexual advantage of any person to benefit any other person when the behavior does not otherwise constitute a sexual misconduct violation. Examples of sexual exploitation include but are not limited to:
- Prostituting another person.
- Taking a non-consensual video, photograph, or audio-recording of sexual activity without the other’s permission; taking a photograph or video of someone’s private parts (including genitals, groin, buttocks, or breasts) without permission; the transmission or dissemination (including, but not limited to, distribution via social media) of such a video, photograph or audio-recording without permission.
- Allowing third parties to observe private sexual activity from a hidden location (e.g., closet) or through electronic means (e.g., Skype or live-streaming of images).
- Voyeurism or spying on persons where they have a reasonable expectation of privacy.
- Knowingly transmitting a sexually transmitted infection to another person without the other’s knowledge.
- Intimate Partner Violence includes dating and domestic violence.
- Domestic violence means a felony or misdemeanor crime of violence committed:
- By a current or former spouse or intimate partner of the student,
- By a person with whom the student shares a child in common,
- By a person who is cohabitating with, or has cohabitated with, the student as a spouse or intimate partner,
- By any other person against an adult or youth student who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
- Dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the student.
- The existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.
- Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
- Domestic violence means a felony or misdemeanor crime of violence committed:
- Stalking means 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.
- Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.
- Reasonable person means a reasonable person under similar circumstances and with similar identities to the reporting student.
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
- Other Sexual Misconduct – inappropriate sexual behaviors not covered previously in this section. Examples include but are not limited to sexual activity in public places.
- Sexual/Gender-Based Harassment
- Sexual/gender-based harassment is unwelcome sexual or gender based verbal or physical conduct that unreasonably interferes with or deprives others of their right to access and benefit from the programs and services of the University. Sexual harassment offenses fall into two general categories.
- Hostile Environment- harassing conduct that is sufficiently severe, pervasive/persistent and objectively offensive that it substantially interferes with the conditions of education or employment, from both a subjective (the student’s) and an objective (reasonable person’s) viewpoint. The determination of whether an environment is “hostile” will be based on all of the circumstances. These circumstances could include but are not limited to:
- the frequency of the conduct;
- the nature and severity of the conduct;
- whether the conduct was physically threatening;
- whether the conduct was humiliating;
- whether the conduct was directed at a specific individual or more than one person;
- whether the conduct arose in the context of other discriminatory conduct;
- whether the conduct unreasonably interfered with the alleged Complainant's educational or work performance;
- whether the statement is an utterance of an epithet which offends an employee or student, or offends by discourtesy or rudeness; or
- whether the speech or conduct is excluded from the protections of free speech or academic freedom.
- Quid-pro-Quo - A violation of this type exists when there are:
- unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature; and
- submission to or rejection of such conduct results in adverse educational access or employment action action.
- Retaliation: Any harassment or adverse action taken against a person because of that person’s participation in a complaint or investigation of sexual misconduct will be treated as a separate violation of this policy and will result in immediate action by the University to stop the retaliatory behavior, prevent further violations by the perpetrator, and remedy any adverse impact of the violation.
- False Reports: Intentionally making a report of prohibited conduct to a University official knowing, at the time the report was made, that the prohibited conduct did not occur and the report was false.
- Attempted Violations: A person commits an attempted violation, when, with intent to commit a specific violation, he does any act which constitutes a substantial step toward the commission of that violation. The University will treat attempts to commit any of the violations described in this policy as if those attempts had been completed.
VIII. Additional Definitions
Consent Consent
Consent to sexual activity is informed, knowing, voluntarily and freely given permission to engage in mutually agreed upon sexual activity. The University will apply a reasonable person standard in determining whether or not consent was given, unless otherwise required by law.
The person giving consent must be capable of doing so freely, with the ability to understand what they are doing and the specific details (who, what, when, where, and how) of the sexual contact they are consenting to.
Consent may be given by words or actions, as long as those words or actions create mutually understandable permission regarding the conditions of sexual activity.
It is the obligation of the person initiating sexual contact to obtain clear consent for the specific type of sexual contact sought.
Lack of protest does not constitute consent. Silence or passivity without words or actions that communicate mutually understandable permission cannot be assumed to convey consent.
Use of violence, threats, coercion or intimidation invalidates any consent given.
Consent for one form of sexual contact does not imply consent to other forms. For example: consent to vaginal sex does not imply consent to oral sex; consent to vaginal sex does not imply consent to anal sex.
Past consent does not constitute consent for future sexual activity.
Persons who are unable to give valid consent under New Jersey law, (i.e. minors, individuals with mental health disabilities) are considered unable to give consent under NJ State Policy N.J.S.A.2C:4-2.
Consent cannot be given by a person who is unconscious or sleeping. If consent has been given while a person is conscious or awake, and then that person becomes unconscious or falls asleep, consent terminates at that point.
Persons who are incapacitated due to the use of drugs or alcohol cannot give consent.
Consent to bodily harm. When conduct constitutes a violation of this policy because it causes or threatens bodily harm, consent to such conduct or to the infliction of such harm is a defense if: (1) the bodily harm consented to or threatened by the conduct is not serious, or (2) the conduct and the harm are reasonably foreseeable hazards of joint participation in a concerted activity of a kind not forbidden by law.
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Dr. Marion Lombardi, Chief Student Affairs Officer
Room 366, CMSRU Medical Education Building, Camden, NJ
856-361-2850, lombardim@rowan.edu
Title IX Deputy Coordinator for Rowan University School of Osteopathic Medicine:
Dr. Paula Watkins, Director of Enrollment Services
Suite 210 Academic Center, One Medical Center Drive, Stratford, NJ
856-566-7050, fennerpa@rowan.edu
Title IX Deputy Coordinator for Graduate School of Biomedical Sciences:
Dr. Diane Worrad, Director
42 East Laurel Road, UDP, Suite 2200, Stratford, NJ
856-566-6282, worrad@rowan.edu
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- Policy of Immunity
The University will grant immunity for using alcohol and other drugs to both the Complainant and the Respondent, unless the alcohol or other drug was used knowingly to perpetrate violence. No one should be fearful of obtaining resources or remedies from a violent crime because they were intoxicated.
In addition, the University will not pursue disciplinary action for drug or alcohol violations, or most other violations of the Student Code of Conduct, against a party or witness who comes forward in good faith to report sexual misconduct or harassment, crimes of violence, or other serious criminal behavior. See Rowan University Good Samaritan Policy. - Notification of Outcomes
The outcome of a campus disciplinary hearing is part of the education record of the Respondent student and is protected from release under FERPA. However the University observes the exceptions as follows:- Complainants of incidents charged under the Student Sexual Misconduct Policy have a right to be informed simultaneously of the outcome and sanctions of the hearing, in writing. Complainants are also permitted to submit an appeal.
- The University may release publicly the name, nature of the offense and sanction for any Respondent student who is found in violation of a University policy that is a sex offense or crime of violence (refer to Student Code of Conduct, Section VI, 10)
- Parents or guardians of the Respondent student may be notified for cases involving sex offenses or crimes of violence (refer to Student Code of Conduct, Section VI, 10)
- University as Complainant
As necessary, the University reserves the right to initiate a complaint, to serve as Complainant, and to initiate institutional disciplinary proceedings without a formal complaint by the student of sexual misconduct or harassment. - Timeline
All time frames set forth in this Policy may be extended by the DEI Title IX Investigation Manager or other administrator for good cause, with written notice to the Complainant and the Respondent of the delay and the reason for the delay.
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