Definitions

There are several definitions outlined within the Student Sexual Misconduct Policy. The following definitions are used within the policy document and are commonly referred to within consent and sexual violence education literature.

Sexual misconduct is any unwanted action carried out through sexual means or by targeting sexuality. Sexual misconduct is also any attempt or threat to commit an act of sexual violence.

This includes:

  • Sexual harassment
  • Voyeurism
  • Indecent exposure
  • Stalking
  • Sexual cyber harassment/cyber stalking
  • The non-consensual distribution of a sexually explicit photograph or video of a person to one or more persons other than the person in the photograph or video
  • Sexual exploitation
  • Sexual assault

Sexual harassment: Unwanted remarks, behaviours, or communications of a sexually oriented nature and/or targeting sex or gender identity where the person responsible for the remarks, behaviours, or communications knows or ought reasonably to know that they are unwanted.

Examples of sexual harassment include:

  • Unwanted sexual solicitations, advances, remarks, suggestive comments and gestures (including songs and chants);
  • The inappropriate display of sexually suggestive pictures, posters, objects, or graffiti;
  • Non-consensual posting of sexually explicit pictures or video;
  • Unwanted physical contact of a sexual nature; and
  • Sexual contact that interferes with a person’s dignity or privacy, such as voyeurism and exhibitionism.

Voyeurism: Non-consensual viewing, photographing, or otherwise recording another individual in a location where there is an expectation of privacy and where the viewing, photographing or recording is done for a sexual purpose.

Indecent or sexualized exposure: Exposing one’s body to another individual for a sexual purpose or coercing another individual to remove their clothing in order to expose their body, without their consent.

Stalking: A form of criminal harassment involving behaviours that occur on more than one occasion and which collectively instill fear in a person or threaten a person’s safety or mental health.Stalking can also include threats of harm to a person’s friends and/or family.

These behaviours include, but are not limited to:

  • non-consensual communications (e.g. face to face, e-mail, social media);
  • threatening or obscene gestures;
  • surveillance;
  • sending unsolicited gifts;
  • “creeping” via social media;
  • cyber harassment/cyber stalking (using on-line mediums to engage in harassment or stalking);
  • Or uttering threats.

Sexual trafficking: Recruitment, transportation, harboring and/or exercising control, direction or influence over the movements of a person in order to exploit that person, typically through sexual exploitation or forced labor.

Sexual exploitation: Sexual exploitation includes the misuse of power or trust by a person in a position of power or trust over any person, but particularly a young person (someone under 18 years of age) or vulnerable adult, for a sexual purpose or purposes. Sexual exploitation includes abuse of an individual through the exchange of sex or sexual acts for any purpose and includes (but is not limited to) drugs, food, shelter, protection, money, or the basics of life.

Sexual assault: Any form of unwanted sexual contact without consent from all parties. More specifically, sexual assault:

  • Includes a range of unwelcome sexual activities including oral contact (kissing), groping, touching, oral sex, vaginal or anal penetration;
  • Can occur if the person accused is a spouse, an intimate or dating partner, a friend or acquaintance, a known person in a position of authority or a complete stranger;
  • Can occur between individuals regardless of sexual orientation, sex, or gender identity; and
  • Can occur when an individual engages in sexual activity with another person they know, or reasonably ought to have known, is mentally or physically incapacitated (i.e., by drug or alcohol use, unconsciousness, blackout, or as a result of a disability).