Sex and Gender Based Discrimination

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Providing an Environment
Free of Discrimination

Spelman is committed to an environment that is free of discrimination, unlawful harassment and sexual violence. Sexual and gender based violence are terms used to describe a broad range of behaviors, including but not limited to sexual assault, sexual harassment, dating violence, domestic violence and stalking.  


Sexual Misconduct Relationship Violence & Stalking Policy 

Complaint Resolution Processes

Process A Process B


Prohibited Conduct

Sexual Harassment

Sexual Harassment is a broad term including a range of behaviors:

  1. Quo Pro Quo: An employee of the College, conditioning the provision of an aid, benefit, or service of the College on an individual’s participation in unwelcome sexual conduct
  2. Hostile Environment: unwelcome conduct, determined by a reasonable person, to be so severe, and pervasive, and, objectively offensive, that it effectively denies a person equal access to the College’s education program or activity.
  3. Sexual Assault, Dating Violence, Domestic Violence and Stalking


Sexual Exploitation

Taking non-consensual or abusive sexual advantage of another for their own benefit or for the benefit of anyone other than the person being exploited, and that conduct does not otherwise constitute sexual harassment under this policy.

Dating Violence

Violence committed by a person, who is or has been in a social relationship of a romantic or intimate nature with an individual.

The existence of such a relationship shall be determined based on the individual’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, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

Domestic Violence

Violence committed by a current or former spouse or intimate partner of an individual by a person with whom the individual shared a child in common, or by a person who is cohabitating with, or has cohabitated with, the individual as a spouse or intimate partner, or by a person similarly situated to a spouse or youth individual who is protected from that person’s acts under the family violence laws of Georgia.

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

Stalking

Engaging in a courses of conduct, directed at a specific person, that would cause a reasonable person to fear for their safety, or safety of others; or suffer substantial emotional distress.

Retaliation

Any adverse action taken against a person participating in a protected activity because of their participation in that protected activity.

Retaliation against an individual for an allegation, for supporting a reporting party or for assisting in providing information relevant to an allegation is a serious violation of college policy.

Sexual Assault

Sexual assault is an umbrella term for forcible and non-forcible sex acts directed against another person with the consent of the other person. Sexual acts include:

  1. Rape: Penetration, however slight, of the vagina, anus, or mouth by the tongue, finger, penis or inanimate object without consent.
  2. Statutory Rape: Sexual penetration, which a person who is under the statutory age of consent, which in Georgia is 16 years old.
  3. Incest: Sexual acts between persons who are related to each other within the degrees, where in marriage is prohibited by Georgia law.
  4. Fondling: Any intentional touching of intimate body parts, by a person upon another person without consent.

Other Misconduct Offenses When Sex or Gender-Based

Threatening or Causing Physical Harm

Extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person.

Discrimination

Actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of sex or gender.

Intimidation

Implied threats or acts that cause an unreasonable fear of harm in another.

Hazing

Hazing, defined as acts likely to cause physical or psychological harm or social ostracism to any person within the college community, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity (as defined further in the Hazing Policy).

Bullying

Repeated and/or severe aggressive behavior, likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally, that is not speech or conduct otherwise protected by the First Amendment.

Cyberbullying

For reference to the pertinent state statutes on sex offenses, please see the Official Code of Georgia.
For reference to the pertinent state statutes on sex offenses, please see the Official Code of Georgia.