Title IX and Sexual Misconduct

 The term “sexual assault” means any nonconsensual sexual act including when the victim lacks capacity to consent.

1. Sexual assault also includes the sex offenses of Rape, Sodomy, Sexual Assault with an Object, Fondling, Incest, and Statutory Rape.
   1. Rape is 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 because of his/her temporary or permanent mental or physical incapacity. There is “carnal knowledge” if there is the slightest penetration of the vagina or penis by the sexual organ of the other person. Attempted Rape is included.
   2. Sodomy is 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 because of his/her temporary or permanent mental or physical incapacity.
   3. Sexual Assault with an Object is using 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 because of his/her temporary or permanent mental or physical incapacity. An “object” or “instrument” is anything used by the offender other than the offender’s genitalia.
   4. Fondling is 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 because of his/her temporary or permanent mental or physical incapacity.
   5. Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by Louisiana law.
   6. Statutory Rape is sexual intercourse with a person who is under the statutory age of consent as defined by Louisiana law.
2. The definition for sexual assault applies regardless of whether the alleged assailant is a stranger or an acquaintance.
3. For purposes of this policy, consent to engage in sexual activity must exist from beginning to end of each instance of sexual activity. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage in a specific sexual activity. Silence alone, without actions evidencing permission, does not demonstrate consent. While consent may be expressed by words or by actions, it is highly recommended that consent be expressed and obtained verbally. Non-verbal consent expressed through actions may lead to confusion and potential for misunderstandings, which may lead to a violation of this policy. It is the responsibility of the initiator of any sexual activity to obtain their partner’s consent. Consent must be knowing and voluntary. To give consent in Louisiana, a person must be at least 17 years old. Assent does not constitute consent if obtained through “coercion” or from an individual whom the Respondent knows or reasonably should know is “incapacitated.” An individual’s use of alcohol or drugs does not diminish that individual’s responsibility to obtain consent if that individual is the one who initiates sexual activity. Consent to engage in sexual activity may be withdrawn by any person at any time. Once withdrawal of consent has been expressed, the sexual activity must cease immediately. Consent is automatically withdrawn by a person who is no longer capable of giving consent. A current or previous consensual dating or sexual relationship between the parties does not itself imply Consent or preclude a finding of responsibility for misconduct.
4. Coercion for purposes of this policy is the use of express or implied threats, intimidation, or physical force which places an individual in reasonable fear of immediate harm or physical injury.
5. An individual is considered to be incapacitated for purposes of this policy if, by reason of mental or physical condition, the individual is manifestly unable to make a knowing and deliberate choice to engage in sexual activity. Someone who is drunk or intoxicated is not necessarily incapacitated. Individuals who are asleep, unresponsive or unconscious are incapacitated. Among the factors the University will use to assess whether someone is incapacitated for purposes of this policy are: inability to communicate coherently, inability to dress/undress without assistance, inability to walk without assistance, slurred speech, loss of coordination, vomiting, or inability to perform other physical or cognitive tasks without assistance. The existence of any one of these factors will support a finding of incapacitation for purposes of this policy.

If you believe you have been a victim of nonconsensual sexual intercourse and sexual conduct, rape, or sexual assault, Loyola encourages you to report the incident.

File a Report

 Unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature by an employee, by another student, or by a third party that satisfies one or more of the following:

1. A school employee conditioning education benefits on participation in unwelcome sexual conduct (i.e., quid pro quo);
2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the school's education program or activity (i.e. hostile environment); or
   1. In determining whether a hostile environment exists, the University will consider the totality of circumstances, including factors such as the actual impact the conduct has had on the Complainant; the nature and severity of the conduct at issue; the frequency and duration of the conduct; the relationship between the parties (including accounting for whether one individual has power or authority over the other); the respective ages of the parties; the context in which the conduct occurred; and the number of persons affected. The University will evaluate the totality of circumstances from the perspective of a reasonable person in the Complainant’s position. A person’s adverse subjective reaction to conduct is not sufficient, in and of itself, to establish the existence of a hostile environment. The University encourages members of the University Community to report any and all instances of Sexual Harassment, even if they are unsure whether the conduct rises to the level of a policy violation.  Some specific examples of conduct that may constitute Sexual Harassment if unwelcome include, but are not limited to:
      1. Unreasonable pressure for a dating, romantic, or intimate relationship or sexual contact
      2. Unwelcome kissing, hugging, or massaging
      3. Sexual innuendos, jokes, or humor
      4. Displaying sexual graffiti, pictures, videos, or posters
      5. Using sexually explicit profanity
      6. Asking about, or telling about, sexual fantasies, sexual preferences, or sexual activities
      7. E-mail and Internet use that violates this policy
      8. Leering or staring at someone in a sexual way, such as staring at a person’s breasts or groin
      9. Sending sexually explicit emails, text messages, or social media posts
      10. Commenting on a person’s dress in a sexual manner
      11. Giving unwelcome personal gifts such as lingerie that suggest the desire for a romantic relationship
      12. Insulting demeaning, or degrading another person based on gender or gender stereotypes
3. Sexual assault, dating violence and domestic violence, or stalking.

If you believe you have been a victim of sexual harassment, Loyola encourages you to report the incident.

File a Report

 Domestic Violence is violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim, or by any other person against an adult or youth victim who is protected from that person’s acts under Louisiana law. The term ‘‘dating violence’’ means violence committed by a person— (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship. (ii) The type of relationship. (iii) The frequency of interaction between the persons involved in the relationship.

If you believe you have been a victim of domestic violence, dating violence, or intimate partner violence, Loyola encourages you to report the incident.

File a Report

 The term “stalking” means engaging in a course of conduct directed at a specific person that would cause a reasonable person to— (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress.

1. A course of conduct means two or more acts in which a person 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. Stalking includes, but is not limited to, the intentional and repeated uninvited presence of the alleged perpetrator at another’s home, workplace, school, or any place which would cause a reasonable person to be alarmed, or to suffer emotional distress as a result of verbal or behaviorally implied threats of death, bodily injury, or sexual assault

If you believe you have been a victim of stalking, Loyola encourages you to report the incident.

File a Report