51�Թ���

Any act of 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: 
  • The length of the relationship; 
  • The type of relationship; 
  • The frequency of interaction between the persons involved in the relationship.

Any act of violence committed by a current or former spouse or intimate partner of the Complainant under the family or domestic violence laws of New Jersey and, in the case of victim services, includes the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over the Complainant, including verbal, psychological, emotional, economic, or technological abuse that may or may not constitute criminal behavior, by a person who (1) is a current or former spouse or intimate partner of the Complainant, or person similarly situated to a spouse of the Complainant; (2) cohabiting with or has cohabitated with the Complainant as a spouse or intimate partner; (3) shares a child in common with the Complainant; or (4) commits acts against an adult or youth victim who is protected from those acts under the family or domestic violence laws of New Jersey.

Stalking occurs when a person engages in a course of conduct on the basis of sex directed at a specific person under circumstances that would cause a reasonable person to: 

• fear for their own safety or the safety of others; or 
• suffer substantial emotional distress. 

Course of conduct means two or more instances including, but not limited to, unwelcome acts in which an individual 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. Substantial emotional distress means significant mental suffering or anguish. Stalking includes the concept of cyber-stalking, a particular form of stalking in which electronic media such as the internet, social networks, blogs, cell phones, texts, or other similar devices or forms of contact are used.  

Retaliation is defined as any materially adverse action taken, or attempted, by 51�Թ���, a student, an employee, or a person authorized by 51�Թ��� against an individual because of their participation in a protected activity. Adverse actions include but are not limited to: intimidation, threats, interference, penalty, coercion, harassment or discrimination. Protected activity includes any right or privilege secured by law; reporting information in good faith; filing a Formal Complaint; filing an external complaint; testifying, assisting, or participating or refusing to participate in any manner in an investigation or Resolution Process under this Policy's procedures. 

Students have a right to file a complaint for any type of sexual misconduct that falls outside of the narrow definitions provided under Title IX.

• Sexual Assault, Domestic Violence, Dating Violence and Stalking that occurs outside the United States but still within a 51�Թ��� education program or activity.
• Sexual Assault, Domestic Violence, Dating Violence and Stalking that occurs outside of a 51�Թ��� education program or activity but have continuing effects in the education program or activity.

Sexual Harassment

Unwelcome conduct of a sexual nature determined by a reasonable person to be so severe, pervasive or objectively offensive that it effectively denies a person equal access to 51�Թ���’s education programs or activities consistent with other laws such as Title VII of the Civil Rights Act of 1964 and the New Jersey Law Against Discrimination.

Sexual Harassment may be committed by anyone regardless of sex or gender identity and may occur between members of the same or different sexes or gender identities. The Complainant does not have to be the person harassed but could be anyone affected by the conduct. Examples of behavior that could constitute Sexual Harassment may include but are not limited to the following: 

• Unwelcome sexual advances or inappropriate touching; 
• Requests for sexual favors; 
• Calling someone by a sexually-oriented or demeaning name; 
• Sexually suggestive comments; 
• Displaying sexually suggestive materials or sending notes, email, or jokes to a person that are sexually explicit; 
• Public display of pornographic or suggestive materials where such images are not connected to any legitimate academic or workplace purpose; 
• Touching someone sexually without their consent;
• Continuing to ask out a person who already has said they are not interested. 

Sexual Exploitation

• A person taking non-consensual or abusive sexual advantage of another, that does not constitute Sexual Harassment, for their own benefit or for the benefit of anyone other than the person being exploited. Examples include, but are not limited to:

• Capturing, listening to, watching and/or distributing by any means images, audio or visual recordings of another in a state of undress or during sexual activity;   
• Exposing one’s genitals or inducing others to expose their genitals or intimate parts; 
• Knowingly exposing another to a sexually transmitted infection, disease or virus;
• Prostituting another person;
• ��ٳٱ𲹱��ٳ󾱲Բ�,” where an individual intentionally removes, damages or lies about the use of a condom when consent was given for protected sexual activity only;
• Misappropriation of another person’s identity on apps, websites, or other venues designed for dating or sexual connections (e.g., spoofing);
• Forcing a person to take an action against that person’s will by threatening to show, post, or share information, video, audio, or an image that depicts the person’s nudity or sexual activity;
• Knowingly soliciting a minor for sexual activity;
• Knowingly creating, possessing, or disseminating child sexual abuse images or recordings;
• “Image based sexual abuse (IBSA),” an umbrella category of sexually explicit or intimate images, audio or videos of an individual that are created, manipulated, distributed, and/or threatened to be distributed without consent; or
• ������ڲ�����,” creating or disseminating synthetic media, including images, videos, or audio representations of individuals doing or saying sexually-related things that never happened, or placing identifiable real people in fictitious pornographic or nude situations without their consent.