Sexual Harassment means:

Conduct on the basis of sex that satisfies one or more of the following:

1) Quid Pro Quo:

a. A School employee,
b. conditions the provision of an aid, benefit, or service of the School,
c. on an individual’s participation in unwelcome sexual conduct; and/or

2) Sexual Harassment:

a. unwelcome conduct,
b. determined by a reasonable person,
c. to be so severe, and
d. pervasive, and,
e.objectively offensive,
f. that it effectively denies a person equal access to the School’s education program or activity.

3) Sexual assault, defined as any sexual act including Rape, Sodomy, Sexual Assault with an Object, or Fondling directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent as well as the nonforcible sex offenses of incest and statutory rape.

a. Rape (except statutory rape): The carnal knowledge of a person, without the consent of the victim including instances where the victim is incapable of giving consent because of his/her age or permanent or temporary mental or physical incapacity.

b. Sodomy: Oral or anal sexual intercourse with another person without the consent of the victim including instances where the victim is incapable of giving consent because of his/her age or permanent or temporary mental or physical incapacity.

c. 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 without the consent of the victim including instances where the victim is incapable of giving consent because of his/her age or permanent or temporary mental or physical incapacity.

d. Fondling: the touching of the private body parts of another person for the purpose of sexual gratification without the consent of the victim including instances where the victim is incapable of giving consent because of his/her age or permanent or temporary mental or physical incapacity.

e. Sex Offenses, Non-forcible:

1. 1. i) Incest:
      1) Non-forcible sexual intercourse,
      2) between persons who are related to each other,
      3) within the degrees wherein marriage is prohibited by Pennsylvania State law.

1. ii) Statutory Rape:
   1) Non-forcible sexual intercourse,
   2) with a person who is under the statutory age of consent of 16. Minors under the age of 13 cannot consent to sexual activity. Minors aged 13-15 years old cannot consent to sexual activity with anyone who is 4 or more years older than they are at the time of the activity. Minors aged 16 years of age or older can legally consent to sexual activity with anyone they choose, as long as the other person does not have authority over them as defined in Pennsylvania’s institutional sexual assault statute.4) Dating Violence, defined as:

a. violence,
b. on the basis of sex,
c. committed by a person,
d. who is in or has been in a social relationship of a romantic or intimate nature with the Complainant.

i. The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition—

ii. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

iii. Dating violence does not include acts covered under the definition of domestic violence.

5) Domestic Violence, defined as:

a. violence,
b. on the basis of sex,
c. committed by a current or former spouse or intimate partner of the Complainant,
d. by a person with whom the Complainant shares a child in common, or
e. by a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse or intimate partner, or
f. by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of Pennsylvania or
g. by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic or family violence laws of Pennsylvania.

*To categorize an incident as Domestic Violence, the relationship between the Respondent and the Complainant must be more than two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.

6) Stalking, defined as:

a. engaging in a course of conduct,
b. on the basis of sex,
c. directed at a specific person, that

i. would cause a reasonable person to fear for the person’s safety, or
ii. the safety of others; or
iii. Suffer substantial emotional distress.

                        For the purposes of this definition—

(i) Course of conduct means two or more acts, including, but not limited to, acts in which the Respondent 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.
(ii)Reasonable person means a reasonable person under similar circumstances and with similar identities to the Complainant.
(iii)Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

7. Sexual Exploitation defined as

a. Taking sexual advantage of another person or violating the sexual privacy of another when consent is not present. This includes, but is not limited to, the following actions (including when they are done via electronic means, methods or devices):

i. Sexual voyeurism or permitting others to witness or observe the sexual or intimate activity of another person without that person’s consent;

ii. Indecent exposure or inducing others to expose themselves when consent is not present;

iii.Recording or distributing information, images or recordings of any person engaged in sexual or intimate activity in a private space without that person’s consent.

iv. Prostituting another individual;

v. Knowingly exposing another individual to a sexually transmitted disease or virus without that individual’s knowledge; and

vi. Inducing incapacitation for the purpose of making another person vulnerable to non-consensual sexual activity.

8. Sexual Exploitation defined as

a. Gender-based harassment occurs when a person harasses another based on their gender, sexual orientation, gender expression, or gender identity. This includes any act or the threat to commit an act of aggression, violence, or hostility and can be done verbally or non-verbally. The harassment can but does not need to be based on anything of a sexual nature